HOA Banning Rentals

[Lucas1409]

Hello,

I have a single family home in Cincinnati, OH.  I have been successfully renting it via STR sites for about 3 years.  The HOA amended the documents to not allow rentals.  I am being forced to sell.  Which sucks bad because this is a 2nd home for me I use to visit my son.

Does anyone have any case law or law contacts familiar with fighting this type thing?  Or does anyone know if AirBNB offers any assistance?

Thank you for your help!

[Joan2709]

@Lucas1409 

Several court cases have been won stating STR of a home is NOT considered commercial use and must be allowed (HOAs cannot ban STR in residences) with some restrictions to that. If the HOA did not give proper notice of proposed changes and allow Homeowners to vote on the proposed changes. You would have to contact a real estate attorney I would think to get more information on this in your area.

Here is a link

https://brandtlawgroup.com/the-current-legal-status-of-the-une-of-short-term-rentals-being-a-residen....

[Lucas1409]

Interesting.  However, when I first began they tried the whole hotel/commercial argument and lost.  So they pivoted and got 2/3 votes for an amendment to restrict all single family homes to no rentals, short or long term.  And no grandfathering.

Its the grandfathering part I have a real issue with.  Chronologically, my deed was before the amendment.  How can they just completely change the use of my property?

According to my attorney, who wrote the HOA docs for the developer, they can do this.  Which is amazing to me.  I am looking for another opinion.

[Joan2709]

@Lucas1409 

Sadly, this is an ongoing issue for many Hosts whose property is within an HOA. Since the issue was put to a vote, and 2/3 approved the restriction/no grandfathering, I doubt you can get this overturned. 

Unfortunately, some STR properties have caused issues for neighbors (noise, parking, etc.) and the media has widely publicized Airbnb "parties" and even shootings/deaths at Airbnbs. This no doubt played a part in the 2/3 vote.

You may need to sell and find another property to use for STR NOT in an HOA and without major licensing requirements from local jurisdictions. Tough to do these days.

[Lucas1409]

Thank you for the input.

Crazy part is I never have any issues with guest.  Just really great families on a midwest vacation.

What really bothers me if if you are sooooo triggered by having a rental in your neighborhood then why did you buy a home in a neighborhood that allows rentals??  Because I reviewed the docs and I specifically bought here because they were allowed.

World full of miserable Karens!

[Helen3]

If you are not happy with the advice your attorney has given then it would seem sensible to approach another attorney for a second opinion @Lucas1409