Hello,
I am hosting two rooms in my house. I got a penalty from HOA and preparing an appeal.
In my interpretation of HOA CC&R, the section is not related to my case but HOA neglect my appeal.
Please read and share your idea hoe to win in this game.
1) Status: A homeowner had rented 2 bedrooms for last 2 month. HOA found the posting in AirBnB website and gave a penalty.
2) CC&R description: Original document (1990) and no update at all. No explicit short term rental restrcition but some relavant information in subdivision section
"11.13 Further Subdivision
No Owner shall further partition or subdivide his Lot, including without limitation any division of his Lot into time-share estates or time-share uses;
provided, however, that this provision shall not be construed to limit the right of an Owner (1) to rent or lease his entire Lot by means of a written lease or rental agreement subject to the restrictions of this Declaration,
so long as the Lot is not leased for transient or hotel purposes; (2) to sell his Lot; (3) to transfer or sell any Lot to more than one person to be held by them as . tenants-in-common, joint tenants, tenants by the entire or as community property; or (4) to subdivide multiple Lots into fewer Lot than existed immediately prior to such subdivision, if such resubdivision is previously approved by the Board and the DRE; and provided further, however, that Browni may subdivide Lot 4 of said Map No. 14567 into not more than four, one-acre single family residential lots or parcels and may subdivide Lot 11 of said Map No. 41473 into not more than two, one-aera single family residential lots or parcels, in each case subject to applicable governmental regulations and approvals, The Owners of such subdivided Lots may enter into an agreement to allocate assessments among themselves; provided, however, that such agreement be approved in advance by the Board and that the terms of the agreement are reasonable. "
3) Conflict
(1) Homeowner: "partition or subdivide his Lot", Lot definition is not in CC&R and it must interpret as land. County document lot subdivision is land subdivision. "Hotel purpose", AirBnB is not hotel. Just like Hotel, no breakfast, cleaning service, inspection by city. Just residential
(2) HOA: Lot comprise building and land. Renting some rooms means dividing house. "Hotel purpose": AirBnB is hotel purpose.
Support Lawsuit case (No.D075466)
"However, for such a restriction to be effective, the language in the CC&Rs must explicitly restrict STRs as demonstrated by a recent unpublished California Court of Appeals decision from the Fourth District, Lastavich v. Nob Hill Homeowners Association et al.(Case No. D075466) (“Nob Hill”)"
The Importance of Well-Drafted Short-Term Rental Restrictions — HOA Lawyer Blog — March 24, 2021
