Rewriting Home Owner's Association Bylaws

[Patrick138]

Hi There, 

I'm buying a new home in Washington DC and I'm going to ask for the HOA bylaws to be rewritten to allow for Airbnb rentals. 

The RE agent informed me that these are standard HOA bylaws and that the seller (bought and renovated 4 units of a sinlge townhome) is open to rewriting them. 

Ultimately, the new owners will negotiate the HOA, but I want to make sure I'm headed into the negotiations with the HOA already written the way it needs to be. Ideally, I'd love for Airbnb to advise me on what I should write. 

Has anyone had this come up? See below for current HOA writing. You can see how this could be a problem. 

-Patrick 

"A Unit owner shall not lease his unit for a term of less than 6 months or any other minimum Unit leasing term established from time to time by the Assocation and under no circumstance shall any amendment, rule, or regulation adopted which will lower the minimum lease term to any less than 31 days."

[Melanie58]

Submit the laws to a local attorney as a question and ask for a written opinion, specific to your question which is "can this contract be amended to allow rentals less than six months.  If so, what is the process?"  Such an opinion might cost $250-$800 depending on attorney.  It's just a legal opinion though, not the actual rewriting.

It could help you decide whether you want to complete the purchase.

[David126]

Just delete the clause.

[Mike198]

My HOA currenly allows unrestricted rentals.  The board just passed a rule that would limit min. rental durations to 30 days. This would end the rentals business.  We are a 1000 lakefront home community 2 hrs from NYC.  Strong rental market,  Many homes were bought with the notion that the rental income could cover second mortgage.   This would create a hardship since many bot their homes with this add''l income to cover costs.   The board never put this out to vote.  If they did, it would prob pass anyway since there are many more that  don't rent.  What is our recourse as renters? 

[Cynthia-and-Chris1]

Your recourse is to petition the board to not push through the amendment.  You can gather other renters in your area, ask for a meeting, and see if you can change the board's mind.  Other than that, there's little you can do.

[David126]

Usually to change the rules a vote has to be held.