Hoping Someone can help me out! We've been getting harassed from our HOA since the beginning of the year. They tried to have the bylaws changed to no STR but they couldn't get 80%. They now are just trying to enforce this bylaw and had a letter from a lawyer sent to us. Here's the only thing that they have to stand on...... Residential Restrictions #2 that states: "No manufacturing or commercial enterprise or enterprises of any kind for profit shall be maintained on, in front of, or in connection with the lands in this subdivision nor shall such lands in any way be used for other than strictly residential and family recreation purposes.” We don't believe we are a commercial enterprise.
We "paused" our STR on VRBO but we really don't think we are violating anything so we are trying to get our ducks in a row and decide what to do. We bought our house from the previous owner who VRBO'd it to us a few times and this specific house has been rented out for the past 7 years with the neighbors knowing that it has been a STR. We have NEVER received a compliant about our guests and neither did the previous owner.
In the bylaws it also states that we would be responsible for the HOA's lawyer fees if they have to get one. My husband is ready to litigate but I want to be a little more confident that we have a good case. If we "win", according to multiple lawyers that we've spoken to, they said they've never had a case that if there client wins, the winner had to pay the losers attorney fees. So, we need to win!!! lol
