Short Term Rental Ban in Incline Village (Tahoe)

[Heather-And-Scott0]

Does anyone know of a good legal resource to help fight a "rule" that our BOD is trying to insert into our HOA CC&Rs next week? The current BOD is trying to pass this rule without a vote from our members.  We have only had 10 days notice when the agenda was sent out until the meeting. It is listed as "Discuss Airbnb Rule" with no explaination or supporting documentation.  There are about 70 owners in our HOA who rent on either Airbnb or similar sitess out of 339 units. We have a 12% FT occupancy in the complex which was built in 1970 and has historically been used as either second homes or vacation rentals.

We are located in Washoe County, NV (North Shore Lake Tahoe.

Thanks!

[Helen3]

Hi @Heather-And-Scott0

A lot of the acronyms you are using will make little sense to many of us here who aren't from the U.S. 🙂

I would imagine a local airbnb group are probably best placed to help you.

Airbnb also has section I  think on it's website or perhaps a microsite to support communities promoting Airbnb - maybe something there? sorry I can't remember what it's called.

[Kelly321]

Looking at a property in incline on Alder - and trying to find info on laws in the county - is it still legal to rent on airbnb in the county?

[Lloyd23]

On Jan 1 2018 my HOA is restricting rentals under 30days - we are trying to fight it as some owners have rentals in place and would have to cancel on multiple guests and lose the opportunity to monetize our unit. 

[Diane283]

Check the NRS Statutes (Nevada Revised Statutes.  It is illegal and against NRS statutes for the Board to arbitrarily change or add to the HOA CC&R's and Rules and Regs without a vote from the entire association.  The percentage of homeowners required to pass such changes depends upon your CC&Rs. You will have to read them.

The other option to check with the Nevada Real Estate Ombudsman.  They protect homeowners and keep Boards in check.

[Kristi18]

Unless the HOA attorney is shady and talked the Ombudsman's office into siding with her to try to force a policy amendment using scare tactics. However, her letter in our Lake Village community only proves severe negligence on our GM, attorney and board and gives us an excellent legal case to push back. 

[Diane283]

Yes,it is legal to rent a property, short or long term, in Washoe County.  You must register your home with the Washoe County Visitors Bureau and obtain an occupancy permit  Airbnb computes your occupancy tax which is paid by the guest to AirBnB then AirBnB pays it to the county.  It is hassle-free and a lovely way to meet the requirements.  

Be sure to state in your occupancy application that you will not be cooking meals for your guests (otherwise you would also have to also get a business permit)

[Rebecca362]

Hi Diane,

Do you happen to have a link to the Occupancy Permit Application on the Washoe County website? I've been searching but it's not coming up. 

[Lynn281]

I own a condo in Incline Village and had to get an Operator's Room License.

The Reno-Sparks Convention & Visitors Authority 

775-827-7743

We pay this tax four times per year.

I have been renting our Vacation Condo for a number of years through VRBO and occasionally AirBnB.  I'm very hands on and clear on the rules and never experienced any problems. I think communication is the key here.

Lynn

[Deanne11]

How how did it work out for you?  I purchased a condo in Incline 2018 after calling Incline Code and Planning departments.  I also read the CC&Rs and called an attorney in Reno who specializes in HOA issues. I didn’t call Washoe County .  I do pay my fees through the software. 

[April3]

@Heather And Scott

Did you ever find resolution on this? I have a friend who rents her personal home on Airbnb in a HOA communnity in Douglas County, and had the board decide to tighten restrictions even though there was no pushback from any of the full time residents.

She responded by petitioning the other full time residents, who were interesedted in keeping VHRs in the community,  to remove the board members who voted against the wishes of the public. So far she has collected more than enough, and there may be a re-vote. She will then run for a position 😉 I can keep you posted but the HOA board members are suppossed to represent you as owners, so this may be an avenue you could consider!

[Pete28]

You may find this useful as a basis for thought

https://wscai.org/getting-away-in-an-hoa-what-can-associations-do-about-vacation-rentals/

[The-Carrier-Family0]

Hello I am on the board in Incline Village. We have 46 units in our community and I just found out the long term board members want to ban short term rentals. I have started to get a hold of others through AirBnB to form an opposition. Board members are hoping washoe county coins AirBnB as a commercial endeavor and have inserted wording into our bylaws but this seems very underhanded and not transparent to those in our community who want to have short term guests and help make the payments while still being able to enjoy their investment. For us we are airbnbing till we can retire soon and move up. I did see a Supreme Court ruling against HOA’S trying to go this route  Wilkinson vs Chiwawa Communities Ass. I would love to hear what is going on in your situation now. My plan is to gather as much info as I can and band together with others in our community to keep our rights to short term rent. Many of us made sure of those rights before we bought and feel it is wrong for them to try to change this now. Incline is a historical travel destination and it is what our economy is based on. Also I was on the board for a full year not one complaint came in due to short term rentals—when I asked why they wanted to try to ban I received reasons that were untrue like parking and noise problems. The main reason I think is fear of strangers they don’t understand we vet short term renters they get kicked out of short term rental sites if their bad guests! My air bnb are lovely people and it is sad they want to ban something basically out of ill perceived fears

[Dan56]

Count me in for a voice...  I have rented both AirBnB and VRBO ( HomeAway)...  for almost 2 years and have paid 13% taxes to Washoe...  never any questions.  A new neighbor called when I was replacing an exterior stairway without a permit.  But she also made sure the inspector asked about vacation rentals.  The inspector told me in residential areas of Incline Village short term rentals were illegal and take down my ad.  It seemed to me that was a set-up question because the neighbor does not like my rustic fence.  I have never "registered" but Washoe has been happily taking my taxes.  I'm here to help.

[Ellie-And-Perry0]

Please add me to your list of concerned Incline Village hosts.  Is there a way for you to contact us directly?

In regards to Dan56's post - Is what the inspector said true that short-term rentals are illegal in residential areas of Incline Village?

We support you! Thank you for your efforts.