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My wife and I are buying a unit in a newly built two-family house. We are the first family to move into that house, so our attorney is drafting the condo association docs (the association will be just the two families that live in this house).
We want to be able to Airbnb our spare rooms, so we want to add that into the docs (explicitly allow shared short term rentals). However, our attorney tells us he has never seen HOA docs that allow short-term rentals, so he is pushing back on our request.
I would like some examples of clauses that allow shared short-term rentals, perhaps with restrictions of noise or other disturbance that could cause issues with the neighbors.
Our HOA allows STR no problem. I’m no expert but I don’t think it needs actually writing in? If there isn’t a clause that forbids it, it’s okay.
But the issue is whether you’re allowed to run a business in the home. That’s more likely to be local zoning. Also what does your local authority need in the way of licenses?
That’s what we thought. But the lawyer said not adding a clause in reduces the value of the property, so he doesn’t want to propose that to the seller.
So what I’m doing right now, in lack of an example of other condo docs, is to try to come up with something myself, following the guidelines of the recent STR ordinance that went into effect this year in Boston. Basically stating I’ll only be renting short term while the property is my primary residence, etc.
I’ll also try to contact a new lawyer for a second opinion.
I’d check into that if I were you. I suspect that a property that houses a successful business increases the value if anything. Remember too the HOA rules and regulations can be changed at any time and as it sounds as though there’ll just be the two houses involved so you’ll be the condo board. (I’m not certain that a HOA could be just for two here).
It sounds as though you have everything in order though.
Well I am not a lawyer but I would think that if there are only two property owners and no rules against STR’s it would take both owners to change the rules and since you would have a vote it could not be changed. Is there language that addresses how rules are changed?
“your” lawyer, and I put that in quotes because it sounds like it’s the sellers lawyer should at least be able to tell you that. Read the cc&r’s yourself. Do not depend on this person to represent you it is clear she/he is not
RR
Edited to add, just re read the original post and see this is your lawyer… I would ask about if it is not addressed either way, yes you can or no you cannot then what happens if you get a neighbor who wants to change the rules. I would NOT limit yourself to any local ordinance you are just tying your hands if things change in the future.
Thinking out loud here, is the other unit for sale too? Can you buy them both? If you could lease the 2nd unit full time (what banks look at) would it pay for itself?
And it seems that in Boston you can rent out STR spare rooms in your unit as well as 1 additional unit that is in an owner occupied muli-unit building. It seems to be the very best option at this point for hosts in Boston, with all of the recent changes.
Though, usually when people look to buy 1/2 a duplex as part of a condo it’s because buying a whole building isn’t an option.
My brother-in-law has the top half of one of these buildings in the Boston area. He fusses non-stop with anyone who buys the bottom half. The 2-person condo is a truly odd situation. We’ve been encouraging him for years just to buy the other half next time it’s available. If for no other reason than to not have to hear about “his awful condo association” (that is him and one other person)
Thanks everyone. Our attorney told us he asked the seller attorney about STR and they refused to remove it from the HOA. He suggested all we can do is back out of the purchase. We probably should change the attorney, but we’re on a deadline to close by the end of year, so we didn’t want to delay.
We decided to leave it like this and try to negotiate the removal of that paragraph when a family buys the other unit, with that family. Fingers crossed.
Oh I see now, your lawyer sucks. You will be at the mercy of the person who buys the other unit. As long as you are going into this knowing that the CC&R’s are what they are and the likelihood of changing them is slim to none then go through with it. But instead of letting your lawyer tell you its hopeless instruct him to put the request in writing to the other side. You have no idea if the other lawyer even asked the seller, you see the lawyers do not care. They want you to lay down and take it so the deal closes and they get paid.
