Property Manager sent me Cease and Desist letter

[Zack67]

Hi All,

I seek informal legal advice.  I've been renting my condo (which I own) for single-night rentals for about six months without any complaints from neighbors.  The property manager recently harassed a guest of mine in the parking lot, and I have just received a Cease and Desist letter (noting the 30-day minimum rule for renting the unit).  Does AirBnb violate this section of the Master Deed?  The Master Deed  states: "All leases or rental agreements for unit estates shall be in writing and specifically subject to the requirements of the Master Deed and Trust and By-Laws of the Condominium. No unit estate may be leased or rented for a period of less than thirty days."  They've asked that I turn over all rental transactions.  Am I contractually obligated to hand over rental transactions to them?  Wouldn't this sort of demand require a subpoena?  I've taken the listing down, but this is bad news!  I will lose about $15K in annual income now.  What should I do?

Thank you,

Zack

[Paul154]

I'm not a lawyer and I don't know your community or community standards...

I just know me and who I am.

I would never help anyone to harm me.

I would never give anyone my personal informtion so they can harm me. (rental transaction history).

I would not allow these people in my house.

If these HOA people want to fine you make them do the work. Make them prove their case against you and don't help them. 

Get a lawyer so they must realize the consequence of their actions.

Most HOAs are unsophisticated and loosely bandy about serious accusations and demands without regard to their authority.

Good luck.

[Helen3]

You can't get legal advice, informal or otherwise from a forum I'm afraid @Zack67  - just opinions.

It's a shame that you didn't check the terms of your management contract, before deciding to use your place for STR.

I don't have experience of how your condo associations are set up in the US, but in the UK the contracts are normally fairly robust.

In your shoes,  if you want to continue to do STR, I would be apologetic  and comply with the letter. Or if you think they are not correct you could take on a lawyer specialising in property law to advise you.

You will need to put your listing on hold (snooze) straight away, then contact Airbnb about what to do with any up and coming bookings that don't comply with the 30 day minimum.

You can either continue with STR companies for 30 day plus books or look at longer term leases if you want to continue to generate income from your property.

[Ann72]

@Helen3, @Zack67 has already taken his listing down.  @Zack67, if your bookings have been a minimum of 30 days, you should be able to get a lawyer to represent that the agreements are de facto written agreements.  100% with @Paul154 that you shouldn't give them anything or even respond without a lawyer in your court.

[Barry-and-Lera0]

@Zack67: I wouldn't give them anything.

Short term rentals and HOA / condo associations don't mix. They probably never will. The most jaded and nosey people seem to live in HOA's, looking out the window waiting to ruin someones day.