North Carolina HOA - covenants. Advocacy for AirBnB hosts.

David969
Level 2
Charlotte, NC

North Carolina HOA - covenants. Advocacy for AirBnB hosts.

I live in a community that is governed by a Home Owners Association (HOA).  I am actually on the board for my HOA.  The covenants for my HOA specifically state that an owner is allowed to leas his lot.  There is going to be a board meeting where a homeowner, possibly more homeowners, are going to raise a concern over my doing AirBnB.

 

I am looking for experience, mentorship, training materials, or anything that could help me explain what AirBnB is and why we shouldn't ban it from our community.  That is the carrot.

 

I am also looking for the stick, specifically the majority of homeowners can't simply change covenants and take away rights from the minority of homeowners.  Legal precedents in North Carolina, information that isn't legal showing the negative impact of such restrictions on home value or on community (such as more foreclosures etc.).

 

All this would be appreciated.  I am certain this isn't the first time AirBnB is under attack, and I am certain this isn't the first HOA in North Carolina who thinks they can do whatever they want and make rules after the fact.

 

This is not a discussion on getting existing covenants barring AirBnB changed, it is about keeping them from changing and showing people the benefits of AirBnB.  I appreciate any and all help.

10 Replies 10
Linda108
Level 10
La Quinta, CA

@David969  The issue is usually the insurance coverage.  Many insurance plans will not cover short term rentals.  Check your own personal insurance and also the  HOA general insurance.  Be prepared to address that issue.

Regina38
Level 10
Wilmington, DE

They should be careful of what they wish for, they could end up not being allowed to have Mom and Dad or a dear friend visit for an extneded time, it tcould also preclude a live in house sitter. I dont think they can say no airbnb specifically. One pros-airbnb hosts usually  keep their houses in great shape or they dont get bookings. My neighbor complained to me when I added the apartment on my first floor to Airbnb because my tenant moved out for health reasons. She lives in the attached townhouse next door.We have separate entrances and no access to each others home. Her objection was she would not know who was coming and going. I asked her what about her house guests(she is retired and gets out of town company from time to time) I dont know them and she lets them stay in here house when she travels. She said well I dont like it. I said thats fine but I have rental licsense and am enting it on Airbnb so my long time tenant can come back if he want when he gets back to work. He lef his furniture. She is fine with it now and is renting my exra parking space for her new car. Good luck and please let us know the outcome. 

David126
Level 10
Como, CO

The usual issue is that yes  you can lease the prioperty but not run a short term rental business in it.

 

Obviously the devil is in the details and depends on your HoA wording and local law.

 

Consult with a local Property Lawyer.

David
Debra309
Level 2
Castle Hayne, NC

ARTICLE I

DECLARATION OF RIGHTS

 

That the great, general, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and government of the United States and those of the people of this State to the rest of the American people may be defined and affirmed, we do declare that:

Sec. 19.  Law of the land; equal protection of the laws.

No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land.  No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.

 

It's a start

Debra309
Level 2
Castle Hayne, NC

Sec. 17.  Slavery and involuntary servitude.

Slavery is forever prohibited.  Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.

Sec. 21.  Inquiry into restraints on liberty.

Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed.  The privilege of the writ of habeas corpus shall not be suspended.

 

With all the restrictions of HOA and not being able to improve your financial status, we are slaves to them.

Liberty is defined as:
the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.

Rich93
Level 2
Fletcher, NC

What was the resolution of your case?  I am in the same predicament and talked to a lawyer today (in NC).  He said there is a precedent case that will always find in favor of the homeowner being allowed to do short-term rentals.  He is going to send a letter for us to the *bleep* that has complained.  Luckily I am the President of the Board 🙂

So your saying, its okay to airbnb in Charlotte if you own the home? 

Hi Rich,

I am fighting my HOA about this same issue and had to take my listing down because of the bully HOA board threatening me with fines despite the very vague language in the CCR's.  Can you please send me the name of the precedent case that you mentioned.

Thanks,

Dawn

Hey rich what's the latest on your case? Did the attorney help you out?

Delores20
Level 1
Bailey, NC

What makes you people think your neighbors want people that we know nothing about going through our neighborhoods. I live in a 12 home cul-de-sac and an investment property bought the house at the end of the street and is using it as an AirBnB. They are going to have a fight with the whole neighborhood and HOA. Acting as if they didn’t know one existed doesn’t relinquish you from having to abide by the covenants.