Subdivision Bylaw Restrictions

[Doug41]

We have a single family property in unincorporated St. Charles County Missouri.  After two weeks of AirBNB, the neighborhood is trying to say we can’t because it is against subdivision rules.  The subdivision rule is below:

(1)   No commercial, industrial, mining or mercantile undertaking of any business of any type whatsoever may be conducted within the said lots in this subdivision.

We are trying to decide whether to fight them or not.  The “business” part of this is being run from the home we live in, not the rental.  There are currently no regulations in St. Charles County against short-term rentals.  I don’t think that this would apply under this rule as a business.  If this rule applied, it would apply to all rental properties in the neighborhood, of which there are several. 

Does anyone have experience with a similar situation or helpful advice? 

[Dede0]

@Doug41 I would go ASAP to your county offices and get their opinion. Subdivision rules about "commercial" or "business" activities can be quite fuzzy, but the county regulations should help clarify.

[David126]

Generally speaking...

Renting a residential property long term does not make the property a business, you as an owner renting a property long term are undertaking a business but the property is being used for residential purposes.

Short term rentals are different, there the activity at the property is a business, like a Motel or Hotel.

My take, worth what you paid for it.

[Aughty0]

Also think about the other residents living there how do they feel with all these travelers coming into the community mostly backpacking from who knows where. They have a right to their peace of mind. 

[Zandra0]

Are you a host? That's the type of comment I expect from someone who knows absolutely nothing about hosting ...

Edit: you are a host, and yet you're making huge generalisations. In my experience the type of guest is hugely varied and definitely not just the backpacker type. Even if they were backpackers, that doesn't mean they're out to cause trouble or that they're untrustworthy.

It's exactly this type of attitude that makes Airbnb more difficult than it needs to be ( NIMBYs and closed mindedness) and I'm disappointed to see a fellow host saying this type of thing.

[Melanie58]

A legal opinion is cheaper than you might expect.  You might be able to spend between $200-$500 and get a legal opinion from a lawyer.  They can tell you, in the context of state and local laws, what exactly the HOA document says about short-term rentals, and where it is silent.  

There is another fellow on here that wants to know something about his contract in missouri, but it is a lease so a different situation - but for example in my old neighborhood about 50 people got together for a legal opinion and it paid big - we got about $60K from the negligent devleoper of our subdivision.  

Anyway, the other thing to understand is what happens if you do nothing? Does the HOA have the right to impose fines?  What fines are specified, if so?  Can they file a lien if you do not comply?  HOA's vary in their ability to enforce their restrictions, so that is important information to understand too.  HOA's also vary in their ability to change their restrictions and bylaws.  Consider how much of a process that is for your HOA.  For example, if 2/3rds of the residents have to vote to change something, good luck getting 2/3rds of people to do anything in most neighborhoods.  If the worst your HOA can do is send angry letters, then maybe that is something you are willing to live with I guess that's what I am saying.

But, finally, just be an active member of your community as a matter of principle.  Start going to the HOA meetings.  Not to argue about your Airbnb, but just to attend - see what is going on.  Participate.  If invited, share your opinions in a non-hostile and very logical way.