Dealing with HOA interpretation of rules

Mark384
Level 3
North Myrtle Beach, SC

Dealing with HOA interpretation of rules

My Bylaws are below and appear to be clear that I cannot rent my  "Lot" for less than 30 days but I am just renting a portion of it.  They wrote this so there wouldn't be weekly home rental but they are trying to use it against me for Airbnb and it doesn't apply based on how I read it.  They are threatening a cease and desist letter but I think they are overstepping.  Thoughts?

 

Section 3 Prohbition of Renting for Transient or Hotel Purposes.  No Owner shall rent his Lot for transient or hotel purposes, which, for the purposes of this Declaration shall be defined as either a rental for any period less than 30 days or any rental if the lessee of the Low is provided customary hotel services.  Each permitted lease shall be in writing and shall be subject to this Declaration, the Bylaws, and the Rules and Regulations adopted hereunder and any failure of the lessee to comply with the terms of such documents shall be a default under the lease.  Other than the foregoing restrictions, each Owner shall have the full right to lease all or any portion of his Lot, subject to applicable City, State, and Federal regulations.

 

 

79 Replies 79

@Cedric210 I am no lawyer but it looks like you can't do STR here.

Helen3
Level 10
Bristol, United Kingdom

It certainly looks fairly clear from the clause you have quoted that you can't run an STR business from the property.

 

But why are you asking on an Airbnb forum - it's legal advice you need. 

Shocked the property owner is on board knowing that clause is in their lease. 

Robert5047
Level 2
Indio, CA

@Mark384 Hi Mark I dealing with a similar issue. I wanted to see if you found any resolution with this? Thanks for any input.

Yuting8
Level 1
Chandler, AZ

Hi airbnb community! I am also having some issues with my HOA. I have a guest suite on the first floor currently renting our via airbnb (both short term and long term are allowed bylaw). However, due to the covid situation, i am setting the guest suite as contact-free check-in with its own entrance. To do that, I added a 3-step stairs at the entrance, so that the guests can enter directly from the first floor. (p.s. the main entrance is at the second floor so the guest suite is completely separated from us). The HOA sent me a warning asking me to remove the stairs saying it's ARC violation and the stairs don't have a railing for safety (p.s. I tried to add a railing but got rejected by HOA saying it's a change of the out features and will damage the concrete walls that belongs to the HOA). I am looking for real estate attorney's help but also wondering if there is anyone who had similar experience like me before. any advices? Many thanks for your help!!!   

This is very hard to picture- the guests need to go up 3 steps to the second floor to enter into the first floor so it can be contact fee?. I'm guessing the stairs are architecturally ugly and that's why the HOA is asking you to remove it.  I don't believe a railing bolt and sleeve would damage a good concrete wall, other than yeah you drill a whole.  Did you also create a new entrance door for your guests?