Air BnB and HOA

[Ashley1390]

Has anyone had any success with HOA appeals for short term vacation rental.  

[Helen3]

Did you know before you bought it there were STR  restrictions @Ashley1390 

[Ashley1390]

No it was an oversight on my part, new community.  Doesn’t say anything specifically about short term rental but says no commercial use of property unless permission given and says no leasing under 12 mos.  I have seen some message boards talk about how air bnb could be considered residential and that short term vacation rentals don’t fall under “leasing”.  The HOA asked us to stop so we’ve closed the calendar but it says we can appeal so just curious if it’s worth trying or anyone has had any success. 

[Helen3]

Hi @Ashley1390  I'm sorry but if you are making a major investment into a property why wouldn't check the terms to make sure you can use it for STRs if that was your intention.

To miss not one but two major clauses that make it crystal clear that you can't do STRs i.e. commercial use and that you can't lease for under 12 months.

If you want to know whether it's worth appealing speak to your solicitor.

[Ashley1390]

I was asking if anyone had any experience with an appeal not for a reprimand.  

[Gordon0]

I'm not sure it was a reprimand, @Ashley1390, but more like someone pointing out the obvious. However, a friend has an apartment in Lauderhill, FL which she lives in three/four months a year. On trying to appeal the 'No STR' clause in the HOA rules (at significant expense), she was turned down, twice, and informed she had no further right of appeal.

Her fellow owners/leaseholders had bought into their dreams, which didn't include random strangers dragging their suitcases along hallways and generally being less thoughtful than full-time, 'real' residents. 

I'm not sure how Airbnb could be thought of as 'residential', and quite how you could argue it isn't leasing (the dictionary is pretty clear) is beyond me, but things might be different in your part of town. 

[Ashley1390]

This is obviously not the correct place to get sound advice.  The US courts have already ruled that Airbnb is not considered commercial property and I bought the home as a primary residential home which is completely legal as well.  If anyone else has any insight for me please actually reside in UNITED STATES and articulate your knowledge and not your opinion. 

[Helen3]

Then why are you asking here rather than consulting a lawyer @Ashley1390 

You will only get opinion here.

[Mike-And-Jane0]

@Ashley1390 As you seem to know the answer already why bother ask the question? You will only get opinions here as it is very unlikely anyone will have dealt with an HOA in your particular jurisdiction.