Honest feedback as whether I’m being reasonable

[Gary1337]

Hello community.  I am a neighbor of an air bnb and finally got to meet with the second owner of the property next to me.  Trying to keep it short but we share a driveway and live off the main road.  Obviously traffic increased and the driveway is regularly used as a loading zone or just straight parking, when the purpose is for ingress/egress  The air bnb has amble parking that is actually closer to the door but the guest are always new to the area which leads to just stopping in the easement (basically the road) as if it’s their personal driveway.  

like I said, I finally my with another owner as the host and I have went nowhere over the last year.  I feel that because the host was a super host at the time of purchase and they used a STR specific real estate agent that the learning curve should be short if not almost non existent for something as basic as parking signs or marking the parking area especially with a shared driveway. The owner I spoke with stated they are on a learning curve (open for a year already) and the fact they hosted previously has no relevance.  Also they feel that blocking the drive to unload and load cars should be considered reasonable.  Even went as far to ask if I really expect people to walk all the way from the pool area parking to load cars. (It is about 40-60 feet further depending on the spot). My response is just have them park by the door.  Not all parking is front row.  

I view parking as host 101 issue and any host should have a plan to include signs prior to opening the venue.  I also feel your business plan should not require accommodations of laws or civil agreements from neighbors unless previously discussed especially when the property can accommodate the needs. In this case I had to research it was an air bnb at all.  I was told the house was for his in-laws. 

It was also stated many times that every person has their own free will and they cannot control where they park, only set rules.  I understand this to a point however even the employees do it.  I feel at least the employees should be a bit more controllable.  

Just reaching out the  community to see if I’m being a Karen neighbor or not. This forum has always been pretty honest and had good feedback. 

thanks. 

[Marie8425]

@Gary1337 

The issue is not who is sharing the shared access road but that you don't feel being shared correctly.  It is you and the other property owner to decide use there is not a general rule because it is not considered public.

Doesn't matter who to you that is not acceptable parking.

Did the other owner give you a token agreement that parking shouldn't occur on the shared drive?  If he did then I would suggest your best route would be install No Parking signs yourself.  Having No Parking signs reduces your stress and is a plus if you decide to sell.  I wouldn't make a big scene but I would send a letter after I did it  asking for his paying half the improvement cost to a shared area.  Might get lucky.

See how that goes.  If his guests ignore the signs and you have notified him.  You need to find a tow company that is set up for towing an  storing illegally parked cars.  You can do the monitoring but you notify them to correct.  Then notify the other owner that because of the difficulty in achieving agreed upon compliance.  Towing Company has been hired to remove noncompliant cars and call to retrieve vehicle.

[Gary1337]

I might have not described it the best so let me clarify a bit because I am truly looking for advice from the experts on this.

This is legal easement filed with the county.  It does actually make a difference who is doing it, at least in my area.  The owner can easily be held accountable but the guest not so much.  I have to prove a lot to show they are at any fault as they are not listed on the agreement file with the county. The fact the owners are not on site plays into this as well.  

Also, this is not a 'driveway' like a duplex where I just have my half.  This is more of a road. It is 20' wide by 180' long that is to remain for my ingress and egress to the public road.  When someone has decided to park or unload in the easement, I am still well over 100' from my house.  I would like to add that I have seen at least 10 cars park at the house and not be on the easement. I say this to paint a picture that there is plenty of room not in the 'road'.  I have placed no parking signs up and they are ignored.  I also have no trespassing signs up, but that is a different issue. HAHA Once again this is not someone taking 'my spot' but land locking me on my property with no way to the street.  

The host was no help and I have already sent certified letters to the other owners receiving no response until after multiple air bnb and county complaints. Once responded they 100% agree no one can park there but feel I should allow everyone to use the road as a loading and unloading zone while I wait to leave or enter my property for guest convience. The best example would be if you were the last house on a cul-de-sac and house before you just parked in the road, not their driveway.  I do not think that is reasonable considering how much parking off the easement they have. The response to that is that everyone has their own free will and they cannot control what they do.  

I also will need to take them to court to be able to tow any vehicles or trespass any people blocking me from using the road.  San Diego county only allows the property owner to do this.  I am only the person with the civil right to use the property per the easement agreement but have no right to remove people from that portion of property.  

I have seen you on here a lot and value your input.  I just wanted to paint a better picture.  I have already contacted an attorney, so I do know what I am up against. Just looking to see if it is reasonable that the business plan of a host is to expect accommodations from legal agreements on file.  

Thank you for your time.  

[Marie8425]

@Gary1337 

I am not disagreeing with your answer.

I am disagreeing that the problem is because of Airbnb use.  The problem is the other owners.  If they stop Airbnb tomorrow that doesn't guarantee correct usage of the road,

If there is a legal agreement on sharing the road, was loading and unloading addressed  Maybe not because not something that comes to mind,

Then what you want is a new legal agreement that addresses a remedy.

Is there an review date for the agreement again usually not you don't think of things until the other party is a brat  Add one to the new agreement so you have a process.

If the other property owner says no I will fix the Airbnb Guests, you are not protected from VRBO Guests abusing and a lot of Host do list multiple sites

[Gary1337]

The agreement clearly states that it is to be used for transit. An attorney scrubbed it and there are no loopholes.  

As far as air bnb use.  My county only allows me to enforce that against the permanent resident.  So if they stopped tomorrow and it continues.  It would be very easy to rectify.  

Back to my reason for posting. Do you think it is reasonable for a host to tell their neighbor that the guest have free will and we cannot control them.  Also expecting that a legal agreement be violated because it’s easier for the guest and they do not know any better.  

[Marie8425]

@Gary1337 

To answer that question specifically Airbnb promotes not offending your neighbors in general and if a host has a legal agreement Airbnb does not promote agreements can be ignored

Airbnb since not a party to the legal agreement can not ensure enforcement of such.  You are taking the necessary steps of getting legal counsel.