California Homeowner's Association 30 Day Rental Minimum

[Nick2]

Hi!

This month we will be having AirBnB guests in our condo in Campbell. This is so exciting, because it gives us some funds for a trip to Tahoe – our first one since moving to the Bay Area over years ago.

This is not our first AirBnB rental. In June, we hosted a family for an entire month for a great price even after taxes and housekeeping.

Previously, we took guests for less shorter stays – as short as one or two nights. After receiving a warning letter from our condo’s homeowner’s association (HOA), we stopped. Apparently, we were breaking a rule in the terms and conditions (T&Cs) that all rentals must be greater 29 days.

For the June trip, we were clearly in compliance with a 30 day rental (although the somewhat overbearing HOA team made us promise that our guests would park compliantly, despite the fact that there always extra spots available in the back of the complex where our unit is located).

However, our guests in December are only staying 2 weeks! Our solution to this problem is a simple one with the cooperation of our AirBnB guests. Our official lease paperwork states that our guests are staying December 1 until December 31. On paper, this length of stay is fine. The strange thing is, we are actually residing in the unit from December 1 until December 17.

Morally, I do not feel bad about this.

We are meeting the letter of the law*, the lease officially is 30 days long. Socially, I feel awkward because the HOA president, who happens to be my somewhat nosy next door neighbor, will know that the renters only will live there 2 weeks while we inhabit their rented property.

Does anyone have experience with this? 

[Deborah319]

I also understand the other side.  I do beleive there are compromises.  Each home owner is still responsible for what happens in thier home.  IAllowing owner occupied  airbnb hosting is the first level of compromise.  I did get a full explanation of the background checks done by Airbnb and as long as the host require certain government issed picture id be available from guest a sex offender check is run both national, state and local county (in Florida).  Infact they run it on guest and the host.  Other ideas I have is to require no instant book, so that owner is required to make a conscious decision to accept the guest.  A criminal background and terrorist list checks are run - with the requirement of certain ID and a picture.They have simular background in many countries but not all.  I try to invlove my guest by having a get together and inviting them to meet my guest.  This can not be a requirment but it usually appreciated.  Remember I am doing 30 days or more at leat 90+%  of the time. I am going through pre litigation mediation over the next  90 days and will keep this site informed.  

Airbnb is a way of life for me and my family.  We love it and it is used for family staying extended stays and group visit with my college girlfriend whom have been close friends for mre than 50 years as well as that med school student doing rotations and theat interesting internation guest who shares a totally different culture.  I am fighting for my right to maintain that way of life - while being a responsible community citizen.  I would love tohear of other that have compromising ideas that have worked.

[Deborah319]

I ment that I like to involve my neighbors by having them to meet by guest in a cookout or dinner - even a pot luck dinner.

Peace Deborah

[Ron-And-Carol0]

It seems ABB and Hosts are not seeing eye to eye. I started out like others thinking ABB was a great system but it is falling from grace. We Hosts are inviting people into our homes and thereby putting a lot at risk. We want a fair and balanced playing field, but ABB seems determined to shift the balance toward guests. I have seen several changes in terms and conditions exacerbated by incomprehensible complexity in volume and complexity of language making it beyond difficult for anyone without a law degree and years of practice to comprehend. In essence, it seems that ABB is playing hosts for dupes by serving up a **bleep** sandwich of legal mumbo jumbo which is meant to obfuscate the facts when a plane language simplified highlighted version of the changes would due.

That’s the largest issue.

Then I get a notice that I can no longer ask questions up front. That comes after I had a horrible experience with a guest who destroyed my property and caused me to have to pay cleanup costs, suffer the loss of two Dodgers Tickets on the first baseline, which I had bought but could not use because of massive problems with the guest. As a result of that experience ABB advised me to put in place a security deposit, which deposit is fully refundable if there are no problems. I put a security deposit in place and started asking questions to try to ferret out potentially bad client guests and require recommendations.
The last person we had asking to be a guest, we learned as a result of our questions, had a history with ABB but no recommendations, because they had bad experience with the hosts. They wanted to stay for two months and we were delighted with the idea until we learned that they had a troubled history.
Keep in mind, these people, the guests are staying in our home and we want to have a good experience and feel safe. If you remove our layer of protection, we will feel less inclined to host.
I suggested in two postings that ABB add an optional insurance policy for hosts to protect them from Guests who depart early or over-stay on long rentals. As your lawyers know rentals of over 30 days become Month-to-Month Tenancy which means if a tenant guest does not leave the Host may have to endure an legal evection at great cost and expense of time and effort. We would have taken the guest if we had assurance and insurance that the guest would follow the rules and would have behave as expected, but we felt insecure because of their track record and it took question to smoke out the facts.
I’m positive ABB knows the City of Calabasas has a minimum 30 day rental requirement; and that many other cities are in the process of putting various onerous expensive restrictions in place; e.g., Los Angeles. These are impacting our business, costing hosts short term rental business, which was far more profitable.
Please keep these things clearly in mind when you are making rules and decisions. We would like to stay in the ABB system, but if it gets more difficult and involves more work and risk for less reward, our interest will subside. Frankly, we will consider the option of just renting Month-to-Month, were we can vet a tenant and require security deposits. We are an experienced landlord. We own other real property and we want more from ABB to balance the equation.

We know how to read and what makes sense. Most of ABB hosts know how to read the tea leaves too. They own RE and have experience which makes them consider matters prudently; and, if they make a mistake, they will learn quickly as we did and adjust their behavior and their hosting listing as necessary. If ABB gets too much on the Guest side of the equation it will not sit well with the Community.

[Anonymous]

May 28, 2019

Hi.

I have the English Garden in Riverview Fl. I opened in October 2018 and already have more than 50 good reviews. My guests are mainly 1 night business people or a couple for two or three days seeing the sites. I am a-73-year old widow with 23 broken bones from a careless driver hitting me and almost killing me in 2016, at which time I had to quit as a writer & editor for a local newspaper which I have done for 38 years. Before that I had a hotel background as office manager for both Ramada and Holiday Inns.I am only able to pay my bills, and on a $7 K consolidation note I had because of Air BnB money. I edit books for authors on line but not nearly enough to keep up until my granddaughter gets home in December- she is 22 and has lived with me since she was a baby but is away for two years. Anyway, I have owned this home since 2003. But in January of this year- 2019, the builder of our development moved out and a Home Owner's Board took over. This HOA is citing people like crazy to wash houses, roofs and other things. I am in the first section built (old houses) and have complied with several things already. As you can see from my reviews, my house looks great. But now this new board has voted to make a covenant "no short term rentals and specifically mentioned Air BnBs." My neighbors know I am operating one. They do not care. But the board has hired a CIS officer to check driveways at night so I am going to start having guests park in the garage which will make my self-check-in more difficult, and they must remember to leave me the $50 garage door opener when they leave. I want to know if you have a legal deartment who can advise me on a question. As a former reporter, I seem to remember HOAs CANNOT add onto covenants already signed by long-term homeowners without their signatures. We MUST BE GRANDFATHERED. IS THIS STILL TRUE UNDER FLORIDA STATUTE 720 REGULATING HOAs?  If it is, I would be glad to be a test case. If you cannot help me I will contact the ACLU. There is no way I can pay my bills on 1,200 a month Social Security. I cut it by quitting the news organization at 62 instead of 65 to freelance, which was fine until I bought my daughter and son houses with my savings (downpayments) and felt I could continue to work as a freelancer much longer as I was completely healthy and spry as I was at 45. Then, after the accident, those in charge of me and my finances did not know what to do but live on my credit cards while caring for me. Please have someone contact me with advice. I would like to fight the HOA adding rules residents did not sign when they moved in.  Meanwhile, I am going to try and clean out the garage as much as I can- I can manage to get my Kia in between the ladders and tools etc but cannot expect guests to do it. But it is going to lower my ratings and make people uncomfortable- and I may be fined. This HOA thinks they are the law, but as a reporter I seem to remember they cannot make someone comply to a regulation put in AFTER their covenants were agreed upon and signed. My phone number is 813-285-3530. Thank you for whatever advice you can offer BEFORE I experience trouble or fines.

Penny Fletcher