Dealing with HOA interpretation of rules

[Mark384]

My Bylaws are below and appear to be clear that I cannot rent my  "Lot" for less than 30 days but I am just renting a portion of it.  They wrote this so there wouldn't be weekly home rental but they are trying to use it against me for Airbnb and it doesn't apply based on how I read it.  They are threatening a cease and desist letter but I think they are overstepping.  Thoughts?

Section 3 Prohbition of Renting for Transient or Hotel Purposes.  No Owner shall rent his Lot for transient or hotel purposes, which, for the purposes of this Declaration shall be defined as either a rental for any period less than 30 days or any rental if the lessee of the Low is provided customary hotel services.  Each permitted lease shall be in writing and shall be subject to this Declaration, the Bylaws, and the Rules and Regulations adopted hereunder and any failure of the lessee to comply with the terms of such documents shall be a default under the lease.  Other than the foregoing restrictions, each Owner shall have the full right to lease all or any portion of his Lot, subject to applicable City, State, and Federal regulations.

[David126]

@Yolanda--and-Alejandro0

Looking at that wording using AirBNb is not really an issue, sounds like it allows long term renting whatever booking service you use.

Often I see AirBnB used as short hand for short term letting. I would expect that would be an issue.

[Robin697]

Hello David - I see that you seem to have a lot of experience with all of this.  I'm quite similiar to Yolanda in the fact that I've been a super host, renting rooms in my home for over a year.  /the County has no rules in place - for or against Airbnb.  My current HOA bylaws have nothing stating any restrictions on rentals around Short Term.  The HOA has just stated that they will be rewriting the bylaws in the coming months and will not allow Short term.  I'm trying to understand if I have any legal leg to stand on.  There currently are no regs or rules around this.  Any insight you can provide would be very useful.  

[Kim794]

Hi, 

I have been hosting successfully with Airbnb for only a month, and have gotten a similar letter from my HOA stating that "No owners shall allow that Owner's lot to be occupied by persons other than the Owner and the Owners' immediate familly."  I know that there are several people in my neighborhood that rent out rooms, and there is also a group home for seniors that operates under the HOA.  I suspect that a nosey neighbor may have made a complaint.  I am in my home when my guests are here and there has never been any type of noise or disturbance to the neighbors.  Any advice would be greatly appreciated!

[Barbara226]

I have no advice, per se, but I would certainly question those poorly written covenants. 

To the board, “Okay, so you’re saying I can’t invite friends to stay the night in my home.” And they reply, “Of course not, that’s ridiculous. We’re saying you can’t have strangers stay the night in your home!” To which you beg the answer to the question, “What is the difference?” They will argue it’s about the strangers, or it’s about the money, which is great but for the fact there is nothing in the covenants addressing those issues.

[Jason967]

How did this ever turn out? 

[Emily689]

I had the same thing happen to me in chicago. Not only did I get a notice from my HOA, I got a letter from the city saying unless I want to appeal, my registration would be denied and I would have to remove my listing. The city of chicago has a “prohibited list” and if your HOA wants to be on it, they just tell the city and then they deny registration. Annoyingly extreme, if you ask me.  I joined the board at the 1st of the year and am working to get my building off of the list. I suggested implementing a small fee for all owners that would like to host. This fee would go towards assessments and would help reach our building goals faster.  I literally just sent the email earlier today. I’ll let you know the outcome. Wish me luck! 

[Lory-Austin0]

I'm trying to look up case law in Wisconsin.  Others, feel free to share when the Homeowner wins.  Our homes are our biggest asset, why shouldn't we be able to use them in a manner that doesn't disrupt the neighbors.  I know for a fact that my children (now grown) had more obnoxious parties than any guest ever could.  

[Robin697]

Lory - have you received any responses from anyone?

[Denishia0]

hey robin my grandmother is having the same issues with HOA, would you be willing to speak with her she wants to get individuals together 

[Dani10944]

Did you find anything out about case law? Or best attorneys in this area for this matter?

[Donna876]

Hi.  decided to move to a community a year ago.  The community was built fifteen years ago and has been under an HOA since inception.  The CCRs clearly do not allow "Transient rentals" (Air BNB), but I really want to do it because...well...I want to.  Shouldn't I be able to operate an AirBNB even though I decided to move here and the rules are clear, but I guess I didn't read those rules, 'cause I am ignorant...but hey, I should be able to, right?

Oh and can you believe my neighbors with small children are upset at me.  After all I am a super host.  So what if part of my advertisement encourages "smoking" because we live in CA and it is legal...jeez...grow up old people.  Its not my fault you had kids and are constantly paranoid that complete unvetted  strangers come and go every weekend.

[Yesil-B-0]

Hello Mark I have a question please 305 434 6658 thank you

[Grant186]

Here is a link to understanding the differences between ccrs bylaws and rules and regulations

https://www.kppm.com/understanding-the-differences-between-ccrs-bylaws-and-rules-regulations/

Here is another interesting link.

https://vf-law.com/articles/amending-governing-documents-az/

Quote from above link...

"Associations may also want to amend its CC&Rs to address specific concerns in the community. If an association wants to restrict an owner’s use of his or her property, the authority for said restriction must be found in the association’s recorded CC&Rs. Too many times I see associations enforcing “restrictions” that are not found in the CC&Rs because the association thought it could just make a new rule rather than amend the CC&Rs. For example, if an association is interested in restricting the number of rentals, it must look to its CC&Rs for this authority. Amending the bylaws or rules and regulations to add rental restriction language is not legally sufficient. A careful review of the CC&Rs should be conducted before restricting certain activity, like rentals or pets, to make sure that such authority is contained in the recorded CC&Rs. An association should also consult with its attorney and seek an opinion letter if needs be."

What I get is that a lot of HOA's are improperly using there "Rules and Regulations" and ByLaws sections to restrict the use of YOUR property.  Restricting the use of your property must be in the CC&R, which means they must ammend the CC&R, which some HOA's are skipping, so make sure that you get a copy of your communities CC&R.

Enjoy!

[Pascale-Et-Gilles0]

Sorry I join this conversation a little late. We have been the owner since 2011 of a house in Florida specially purchased for investment. 2 years after the purchase, our community passed a rule prohibiting rentals of less than 30 days. We are legally registered near the county and regularly pay all tourist tax. My question is: can the community apply the new retroactive rule for a purchase made before it was implemented.

[Cedric210]

Hello Everyone!

This is my first time doing rental arbitrage and I have an agreement with a property owner that has a governing HOA. The HOA fees are about $1,500 - $1,700 per year, so they're somewhat involved. The property owner is still onboard with me doing short term rentals there. I have the related sections of the HOA bylaws below; I'd love to know what y'all's opinion are about doing short term rentals here! 

Residential Purpose Only. Each Townhome Site and Dwelling Unit Shall be used exclusively for single-family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, lodging house, rooming house, hospital sanitarium or doctor’s office, or other multiple-family dwelling shall be erected, placed, permitted or maintained on any Townhome Site, or on any part thereof. No improvement or structure whatever, other than a private Dwelling Unit or attached garage may be erected, placed or maintained on any Townhome Site.

Business Use. No garage sale, moving sale, rummage sale or similar activity and no trade or business may be conducted in or from any Townhome Site, except that an Owner or occupant residing in a Unit may conduct business activities within the Townhome Site so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Townhome site; (b) the business activity conforms to all zoning requirements for the Property; (c) the business activity does not involve persons coming onto the Property who do not reside in the Property or door-to-door solicitation of residents of the Property; and (d) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board.

The terms “business” and “trade”, as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the leasing of a Dwelling Unit shall not be considered a trade or business within the meaning of this Section. This Section shall not apply to any activity conducted by the Declarant or conducted by a builder with approval of the Declarant, with respect to its development and sale of the Property or its use of any Dwelling Units which it owns within the Property, including the operation of a timeshare or similar program.