HOAs violations - what to do?

Molly92
Level 2
Denver, CO

HOAs violations - what to do?

Hi,

I just received a letter from my HOA saying I'm violating our HOA bylaws (thanks grumpy neighbor). I'm wondering how successful, or not, people have been in contesting this.

 

The by states: " no lease shall be for less than six months and no lease may be for less than the entire lot." 

I know it's a technicality be we really aren't signing leases or anything. Is that a potential out?

Any one out there been successful at arguing these cases?

 

The association wasn't even formed yet when I moved in because it's a new neighborhood.  Airbnb didn't even exist when my HOA was formed.

 

Anyone see a loophole?

 

I know I'm not the only one dealing with this issue. Any help is appreciated.

Thanks very much. 

42 Replies 42
Pete28
Level 10
Seattle, WA

If it is in the bylaws then not a lot you can do. I would double check that is the case since 6mnth min lease seems unusual. Most would require min 30 days.

 

The problem with HOA is that they may start fining you, and if your neighbours are reporting you then it is not going to end well. You could do longer term rentals ?

Same problem here. I been using Airbnb for 2 years now the HOA are shutting us down. I am having to lease the home. I am leasing it furnished to demand a bit more monthly.

Fight them in court no leg to stand on unless they change covenants by quorum vote

Fight them in court

thank you for your input. it's helpful. Nosey neighbors suck!!!

Neighbors who violate the terms of their HOA suck even more. lol

Hello

I’m going into same problem 

my nosey neighbor complained about this to HOA

But our Airbnb guest were so polite and quiet 

We are doing Airbnb within our home.so we strictly maintain house rules.No party or park on the street.I don’t know why my nosey neighbor complained that.

My only income source to do this business.

please help!!!

LeeEllen0
Level 2
Beaufort, SC

Hi my notification is only a week old so I am just starting this process. I did read in my local paper of a host who was actually successful. I have no details on her case let's wish us luck. LeeEllen [Surname hidden]

hi @LeeEllen0 , curious how this turned out for you. I am in Aiken, and could use a reference for any host who has been successful chaallenging here in SC. Thanks, and hope you won!

Jamie184
Level 3
Atlanta, GA

Yeah my crap HOA management company had their attorney send me a letter with no notice that they are fining me $50. Per day! Mind you how the heck do they know what day's I have people at my home... B.S. and now for the past week they have been sending me violation letters for anything they can think of or come up with! This is Harassment and Singling me out and causing me undue hardship, stress and MY RIGHT TO ENJOYMENT AND PEACEFUL living and yet to do anything about the neighbors illegal basketball court! Oh and also they have accused me of having broken down cars on the cul-de-sac (which is the same Neighbors with the basketball goal) #AIRBNB SHOULD PROVIDE LEGAL COUNCIL and representation to fight these BS scam HOA'S as they are making a fortune off us host!

Jamie B

Hey Jamie,same problem here ,I'm also in Atlanta, what did you end up doing, 

Any luck? I am in Dekalb County, in the ATL?

Mine fine is 750.00!!!! This seems unfair, it is my home!

Ned-And-Laura0
Level 10
Simi Valley, CA

I hate HOAs.  Might be worth it to have an attorney look over the by laws and see if there is anyway around it before you try and dispute anything.