HOAs violations - what to do?

[Molly92]

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. 

[Andrea1944]

HOAs are the worst invention EVER!  They take away all of our freedoms and can take your house too!!! They are above and outside of the law not much can be done about them.  They are just horrid!!!  I looked for 2 years to find a house that wasn't in an HOA!  of course a lot of cities act the same an HOA and they ticket you instead of fine you.  We are no longer free in our own homes 😞   We need to revolt and overthrow the new trend of HOAs.  Even in the middle of farm land they are starting HOAs and my friend bought property in the mountains and she isn't allowed to have her horse there becuase of an HOA!  It is WAY out of control.  How do we stop them???????

[Letti0]

@Andrea1944  In Texas the Supreme Court ruled that HOA's cannot infringe on your property rights and that short term rentals are an owners right to do. This decision impacts all of Texas HOA's they can no longer tell you that you cannot do STR's.  

https://www.texastribune.org/2018/05/25/airbnb-homeaway-texas-supreme-court-ken-paxton-austin-ordina...

[Hollie6]

Can't find article but very interested in reading it as I am in a battle with the courts for my condo with an HOA

[Sherry234]

Hello,

How are things going with HOA?

[Maureen448]

Have you had any luck fighting your HOA?  I want to hire a lawyer to fight my HOA and wondering if anyone else has had success doing this?

[Anya682]

Hi Maureen ! Did you hire one ? Hope it went well. Would you please share contact of your lawyer ? 

[Linh158]

the link doesn't work, do you have the document? would you mind share with me please? I just received Notice of violation from my HOA.

[Michael3316]

Yo dont' have to buy the home or condo to begin with if you don't like the rules. 

[Vivian152]

If you google HOA vs Airbnb an attorney said the covenants have to be specific and voted on to be changed by a quorum. I’m doing airbnb and will challenge in court if necessary. Sharing you room is a lease and cannot be challenged as being commercial. It is residential

[Vivian152]

Unless your covenants or bylaws prohibit air Bnb specifically they have to change covenants by quorum vote

[Gina374]

I don't think this is the case unfortunately. I just received the letter from my HOA and they're simply jumping straight to the threat of taking me to court. They have to follow a process and many steps in order to file for an injunction, but they're trying to scare me. The verbiage simply states, "you cannot rent the property less than 30 days." This unfortunately  would include Airbnb I assume. After property notice they have to give me 15 days to repond, then can revoke my rights to vote, potentially fine me, then revoke my right to common grounds for up to 30 days (which we don't even have any) .I almost wouldn't mind if they took me to court, but then they could slam me with the fees as well. If anyone has been through this process and has an outcome that would be very helpful. I'm in Santa Cruz County, CA. 

[Sherry234]

Could you elaborate? My HOA states they need back ground check, rental agreement and such if you are renting or leasing to any other than family. That being said, if I am hosting guests is it considered renting out my property? This is new to me and would like to sort it out.

[Marc720]

I have received my later from the HOA ,I'm stressed out right about now ,I'm thinking about selling my house and buy one where there's no HOA ,

[Shawn211]

We asked the HOA and all our neighbors if the rules could be amended. We made a great case for it talking about all the money our neighbors could make to take on vacation. We got about 1/2 interested in discussing it but about 1/4 were totally against it. But I do recommend trying it you may have more receptive neighbors and talk about how much money they are missing out on. We have decided to sell though and buy a place with no HOA (most new townhomes have partywall agreements and no HOA).

[Pete69]

[Quote]

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

[/Quote]

Use technicalities to your advantage! Transient occupancy is not a lease. Renters haven tenant rights. Transient occupancy guests do not. So you argue that their rules not apply to what you are doing.

I would tell them to get lost.

Did you sign any sort of HOA agreement when you moved in?