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. 

[John4311]

I’m in Annapolis, Maryland, and just received a letter from a lawyer representing my HOA. Apparently my HOA covenant specifies private residential purposes only and prohibits subdividing the property, both of which they claim is what Airbnb does. Anyone in Maryland out there who successfully fought something like this?

[Thenjiwe0]

I am in Cincinnati Ohio< I just received a letter from the attorney too, saying I need to stop, I have contacted a press representative who is willing to interview me and make my story public. either way, winning or not winning I just want to help out someone who might end up in my situation. 

[Lourdes286]

http://www.jgradyrandlepc.com/local-governmental-entities/short-term-rentals-regulate/

Very interesting. Just found this online.

[Douglas307]

After pouring through crazy things HOA's have fined people for recently, there seems to be two options.

Work together with other community members to demand change, or vote in new HOA reps. Hopefully things will end up better for you than the people in this article! https://www.yourgreenpal.com/blog/17-things-the-hoa-can-fine-for-and-stories-of-abused-home-owners-a...

[Kenneth12]

So... you bought a home without a HOA,  and then you chose to join the HOA???

[Janine243]

I have being hosting since October 2020, 2 rooms out of 4 bedrooms in my house. My HOA is now fining me and charging me fees as rentals, saying I’m supposed to register my tenants etc before they stay.
they are charging me based on the number of reviews I have on the site. Fines plus fees multiplied by the amount of reviews. I disagree with this. They quote the rules and regulations which mentioned submitting a form for members intent to rent prior to each rental and submit to the admin office. Anyone experienced anything like this, Does doing Airbnb qualify for this type of rental? I need some legal advise because they are fining me over $7000.  

[Helen3]

@Janine243  when you decided to set up your STR business I can only think you didn't check the terms of your HOA lease,  to see what conditions you might need to comply with, as if you had you would have known that you needed to register your guests (not tenants) in advance of their stay and could have done this, thus avoiding the fines.

Many HOAs don't allow STRs full stop, so you are fortunate that yours does. (but obviously not fortunate that you didn't check the terms of your lease and thus opened yourself up for the fines).

You can't get legal advice from a forum - this you will need to get from a lawyer with experience of HOAs. You would need to get a quote from them so you can make a decision on whether it would be cheaper to pay the fines and comply going forward, than it would to pay your lawyer fees and fight your case.

Are there others doing STRs in your building and are they all complying with this lease condition?

[Sarah977]

@Janine243 "Does doing Airbnb qualify for this type of rental?"

Rentals are rentals no matter where your bookings come from. Sorry this is happening to you, but it's the host's responsibility to inform themselves of HOA regulations and comply with them before making a decision to rent.

And if you want legal advice, the place to obtain that is from a lawyer, as all HOA's regulations are different and what might have happened for one host might not apply to your situation.

[Vy24]

Hi all,

[Vy24]

http://www.jpatricksuttonlaw.com/blog/files/126198c25faadb713a998d446a82a084-87.html

This is the link to Texas supreme Court vs. STR homeowner. It seems this firm is dealing with the case themselves.

[Thanh132]

Does this apply even though my HOA prohibited short term rental, especially Airbnb? The neighbors complained about Airbnb guests a few days ago and they threatened to call police.

[David8879]

The reason I sold my Miami condo was that HOA let it to become infested with ABB.

Living

H
E
L
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I bought different condo only after confirming that NO STR is EVER allowed and yearly leases only on year #3. My lawyer made HOA sign affidevit that they will have to buy out my condo if they will let ABB in at the premium 50% of current market price.

When people host in their own houses AirBNB guests more or less comply with rules - when property management companies buy apartments in 10th in the sam ebuilding - place becomes low life dump.

People can not walk the line 

[Thanh132]

Good to hear the feedback from the other side. I'm sorry to hear that you have to dealt with irresponsible AirBNB hosts. In my case, I'm being respectful and considerate to my neighbors. Furthermore, I'm screening my guest thoroughly and only take 4-5 stars guests. Anybody has less than 4 stars going to get declined. What I don't understand is why HOA and the retirees keep getting into my business even though I haven't violated any rules or laws. I like it how Americans keep talking about freedom when they can't even have full freedom at their own house. What a joke HOA is