Convincing HOA to allow Airbnb

William127
Level 1
Palo Alto, CA

Convincing HOA to allow Airbnb

I have been hosting on Airbnb for a while. My homeowner association prohibits rentals of less than one year. My HOA's property manager give me a courtesy notice few months ago to tell me to stop. I didn't, though, because I never got complaints from neighbors about nuisance or damage to common areas.

 

Last week I got a letter from my HOA's attorney. The letter points out the HOA's policies about rentals, as well as $200 move in/out fees. The letter strongly encourages me to attend the next board meeting to explain myself.

 

I want to keep hosting. I want to create a proposal that will placate the HOA. Has anyone ever successfully lobbied their HOA to amend their rules to allow Airbnb hosting?

 

Would love to hear your suggestions for a HOA-friendly policy. Some features I am considering are an annual fee and very high fines for nuisance complaints stemming from unruly guests.

 

 

60 Replies 60

Do you mind sharing your attorney contact?

Bryan, I am curious if you were able to stand up to your HOA. I, too, am facing a similar situation and was wondering what other Hosts have done to get the Board to change their minds. It seems to me that the Board (which usually consists of older retirees) are very reluctant to change and when they don't have an understanding of exactly what they're dealing with, they are quick to just dismiss something. I think there could be restrictions when it comes to Airbnb's, especially when you have investors buying properties in order to rent them completely out on Airbnb. That would pose a risk to all community members.

These older retirees are extremely selfish and rather see us investors lose our money and sue us but fail to realize that we Also have a right to pay our mortgages and set our futures up too !! It’s just not right 

What was the outcome? Going through the same thing with our old grumpy men

Same situation here. I bought the place when there were no rules in place against Airbnb, now they want to restrict it. I want to prevent that from happening.

what happen?

 

Did you ever get any resolution? I am experiencing same thing in Oceanside.  Would love to know what you found out.  I do have a great real estate attorney but he is pricey 

That’s a bit less friendly of a reply than one would hope for in a civilized forum, Helen. 

Dee33
Level 10
Reston, VA

a.Do you live in this house and rent out rooms?

b. What does your county zoning ordinance have to say about occupancy? Are you allowed to have roommates? In my county, up to four unrelated people may live together.

 

You could try this: "These are not short-term rentals. They are roommates I found on the Airbnb Monthly sublet site at https://www.airbnb.com/sublets"

 

Hello Dee,

 

How do I list my place under the sublet community??

 

Thank you

Elaine

I don't see a reply. Did you find out?

My HOA answered they don't allow sublease or short-term even. I strongly disagree the policy either, if month to month isn't allowed. Luckily I'm selling the condo now, it's pending in processing contract. Goning to attend hearing next month.

Hi Dee33,

 

I live in Fredericksburg, VA. How do I find the county zoning ordinance in my area?

thanks

hummmm, I am in DC and I just faced the same problem. How long did you insist after they told you in can't host? 

Jennifer591
Level 4
Nashville, TN

I'm sorry, but I am on the other end of this. I have enjoyed vacation rentals all over the world. I have no problem with them when they are in apartments where the practise is legal and permitted by the HOA.  If you knew that your HOA prohibited transient rentals, why did you do it? You have created a burden on your HOA, and fellow homeowners who are now going to have to hire lawyers, and waste their time because YOU refuse to respect the rights of others. Go find a property in a local that allows rentals if you want to host. Transient rentals, with strangers moving through the buildings and properties, are incompatable with a good quality of life for others. They produce health and safety issues, and financially impact the entire community no matter how much you may claim that YOUR guests are sooo nice. How doyou really know? You have no idea. All they have to do to get on airbnb is post a photograph and give a credit card.  And Airbnb should be ashamed. They should require written proof from property managers-HOA boards before they list any properties. I hope that a number of impacted HOAs, that have been forced to waste time and money on lawyers and writing letters band together in a class action against AirBNB. Enough is enough.