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!

[Deanne11]

I believe I had Stone Attorney Group in Reno look at my CC&Rs before I purchased a condo in Incline.  He said he didn’t see anything I was doing that would conflict with existing regulations.  

[Helen288]

If the originating documents for the HOA (CC&R's By-laws, etc) do not ban rental activity, the ability to ban short-term rentals probably conflicts with existing case and statutory law in Nevada and elsewhere.  

Notwithstanding this, the CC&R's can be amended  and these amendments can impact post-amendment purchasers who are automatically on notice of the prohibition.  The push for these amendments is usually focused on short-term rental occupancy.

It does become complicated as the prohibiting amendment creates  a two-tier system in  permissible rental activity.   

There are, also, compromise solutions such that the number of units that can participate in short-term rentals is limited and controlled for post-amendment purchasers.

I am retired and have not scrutinized the various and sundry cases dealing with rental restrictions.  There may have been changes in the law albeit it still appears that retroactive rental prohibitions violate case and statutory law.

If anyone is considering a purchase of a condo and is concerned about rental prohibitions and restrictions, that person would be well-advised to consult a qualified real estate attorney prior to executing a purchase agreement.

For those fearing that an HOA Board  may try to impose rental restrictions when such restrictions are not part of the existing HOA documents,  those people might consider hiring a qualified real estate attorney for advise and consul and possible representation. 

[Deanne11]

Before I purchased my condo I read all the HOA (CCR) documents I could get the realtor to find for me. I submitted the “rental “ paragraphs to  a real estate attorney and listened to his advice.  I removed the second stove in the unit per HOA requirements and opened my Airbnb.  Now I am worried someone is going to change the rules. This doesn’t make me pleased. We follow all the guidelines and have had no complaints. Why would we have to give up our STR?   I don’t think they can do this legally with out a majority of votes.  Most people (47% )rent long-term and I am hoping there is solidarity. 

[Deanne11]

WASHOE COUNTY    2020   PUBLIC HEARING REGARDING NEW SHORT TERM RENTAL GUIDELINES 

6:30PM  TUESDAY, FEBRUARY 4, 2020

COMMISSIONERS CHAMBERS

1001 EAST NINTH STREET, BUILDING A  RENO, NV 

[Deanne11]

New date for Washoe County Airbnb regulations. 
Reno   6pm   775.328.2070  Or 

https://www.washoecounty.us/outreach/2019/12/2019-12-26-str-planning-commission.php

[Deanne11]

PLEASE GO TO THE WASHOE COUNTY MEETING IF YOU HOST SHORT TERM RENTALS IN INCLINE OR CRYSTAL BAY.     Jan 7. 6pm. Reno https://www.washoecounty.us/outreach/2019/12/2019-12-26-str-planning-commission.php. 

[Dino185]

NRS 116.335  Association prohibited from requiring unit’s owner to obtain approval to rent or lease unit; exceptions.

      1.  Unless, at the time a unit’s owner purchased his or her unit, the declaration prohibited the unit’s owner from renting or leasing his or her unit, the association may not prohibit the unit’s owner from renting or leasing his or her unit.

      2.  Unless, at the time a unit’s owner purchased his or her unit, the declaration required the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit, an association may not require the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit.

      3.  If a declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, that provision of the declaration may not be amended to decrease that maximum number or percentage of units in the common-interest community which may be rented or leased.

      4.  If the governing documents of an association require a unit’s owner who leases or rents his or her unit, or the tenant of a unit’s owner, to register with the association or its agent or otherwise submit to the association or its agent information concerning the lease or rental agreement or the tenant, the association or its agent:

      (a) Must conduct such activities in accordance with the governing documents;

      (b) May not require the unit’s owner or tenant of the unit’s owner to provide information which the association or its agent does not require to be provided to the association or its agent by a unit’s owner who occupies his or her unit, except that the association or its agent may require the unit’s owner to provide a copy of the lease or rental agreement; and

      (c) May not charge a fee to the unit’s owner for the registration or submission of information.

      5.  The provisions of this section do not prohibit an association from enforcing any provisions which govern the renting or leasing of units and which are contained in this chapter or in any other applicable federal, state or local laws or regulations.

      6.  Notwithstanding any other provision of law or the declaration to the contrary:

      (a) If a unit’s owner is prohibited from renting or leasing a unit because the maximum number or percentage of units which may be rented or leased in the common-interest community have already been rented or leased, the unit’s owner may seek a waiver of the prohibition from the executive board based upon a showing of economic hardship, and the executive board may grant such a waiver and approve the renting or leasing of the unit.

      (b) If the declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, in determining the maximum number or percentage of units in the common-interest community which may be rented or leased, the number of units owned by the declarant must not be counted or considered.