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.

 

 

73 Replies

Re: Dealing with HOA interpretation of rules

in
North Myrtle Beach, SC
Level 3

I am here when it is rented and in a beach town,  laws are different than NYC or San Fran.  I pay lodging taxes.  The city allows Airbnb but the issue is that my HOA has ambigous Bylaws and per  my friend, the drafter loses if it is ambiguous.  I just wanted to see if others had this issue

Re: Dealing with HOA interpretation of rules

in
Fort Myers, FL
Level 2

Mark I am in the same situation have u had any luck, I have stopped all my bookings until I figure out my rights and I too do not rent the whole home, my unit is in Fort Myers would love to know what u have learned since this post from last march

Re: Dealing with HOA interpretation of rules

in
Stonington, CT
Level 10

@Annette33,

 

The defendants in the Chiwawa case lost because there was no existing rule within the Association limiting vacation rentals.

 

I remember this case.  It was a broad ruling with a strict warning.

 

Most Associations today have EXISTING rules with vacation rentals where Chiwawa did not, so Associations with existing rules have great latitude in limiting rentals.

 

I believe the Chiwawa case is 10 years old.  Associations across the country have taken the ruling into account when writing current-day Bylaws.

 

Wendy

Real Estate Agent

JD, Suffolk University, Boston  1986

 

Re: Dealing with HOA interpretation of rules

in
Englewood, CO
Level 2

and what if there are no current laws restricting rental but now they are going to, a year after I've been renting, vote new bylaws in.  Can I be grandfathered in?  

Re: Dealing with HOA interpretation of rules

in
Englewood, CO
Level 2

Thank you Annette - the County I live in has no regulations for or against Airbnb at this time.  Denver does but not the county my HOA resides in.  I like your information and will dig more.  As well - there are not any current HOA laws in place around this.  The HOA is looking to change the bylaws to address. 

 I've been operating for the past year - have had over 100 guests without issue and seem to be the only home in my HOA listed under Airbnb.  My question is - if I've been dependant on this and have been operating (within the current rules of the HOA and the county), can they simply just change the rules that we've been operating within? And if they do, can we fight to be grandfathered in?  Please let me know if you've had any luck finding a case that supports us continuing.  I'll do the same on my end through my searches.

 

 

Re: Dealing with HOA interpretation of rules

in
Murphy, NC
Level 10

@Mark384

This is a very interesting situation and surely will be of interest to other hosts - so would you please consider coming back to this forum and letting us know how you got on and any useful tips for others? It could be very helpful.

Best Wishes.

Re: Dealing with HOA interpretation of rules

in
Como, CO
Level 10

I just read the clause you listed, says transient and I assume you want to do STR and mentioned the lot, not the whole lot.

David

Re: Dealing with HOA interpretation of rules

in
San Diego, CA
Level 1

I am having this same issue. I list a room for rent and my HOA has indicated that no transient lodging providing services such as hotel/motel shall be less than 30 days

Re: Dealing with HOA interpretation of rules

in
North Myrtle Beach, SC
Level 3

then you may have to stop like I did.  I fought it and they didn['t fine me but I didn't want to  press the issue, I was pissing people off but my covenants had a loophole I used.

Re: Dealing with HOA interpretation of rules

in
Murphy, NC
Level 10

@Mark384

Thanks for the update, and it's a shame that you can't push forward with your Airbnb room. Times will change however, and quite soon I think. So keep the (gentle) pressure up, follow any updates in Myrtle Beach laws and watch how your HOA Board changes. It only takes one or two new people to join a Board to make things happen.

But ultimately, HOAs are a pain the butt! ;-(  

Best Wishes.

Re: Dealing with HOA interpretation of rules

in
Garden Grove, CA
Level 1

I have recently received the written notice from my HOA that my Airbnb leasing is prohibited under the CC&R.  My listing has been in Airbnb over a year, so I was very surprised to receive the notice from HOA. Prior to listing my condo on Airbnb, I read through CC&R to make sure that a short term renting is not prohibited by HOA.  Here is the HOA letter says: It has been brought to the Boards attention that you are leasing your unit through AirBnB. Per the rules of your community, this is prohibited: "No professional, commercial or industrial operations of any kind shall be conducted in or upon any Condominium unit, Common area or Association Property.....". My property had been a long-term rental for 8 years prior to converting it to Airbnb last year.  In addition, more than 50% of the condominium units in my community are rentals.  Any advice on how to respond to the HOA notice?

Re: Dealing with HOA interpretation of rules

Level 3

Maybe look to the IRS tax code for definitions  of " professional, commercial, or industrial "  short term rentals. Is your condo insurance for "commercial" properties ?  What is their beef anyway ?  

Re: Dealing with HOA interpretation of rules

in
Como, CO
Level 10

@Atsuko-Heidi0

 

My assummption is that they do not realise you can long term rent on ABB and think you are short term renting.

David

Re: Dealing with HOA interpretation of rules

in
Garden Grove, CA
Level 1

My HOA is not making an issue over `long-term`  vs `short-term` rentals.  They are saying that Commercial activities are not allowed. 

Re: Dealing with HOA interpretation of rules

in
Como, CO
Level 10

I doubt if there are many HOA's that allow Commercial activities.

David
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