HOA “outlaws” STR & AIRBNB extenuating circumstances - LONG

SUMMARY: HOA meeting 2 weeks ago (correction 4 weeks ago) included HOA rules amendment to outlaw Airbnb rentals. For a condo purchased Oct. 2017, I have two weeks rented in 2018 (April 13-20 & Oct 14-21) for the International Furniture Market. Those must be cancelled. Airbnb is assisting those guests with finding new accommodations & with my submission of the HOA “cease & desist” letter, it counts as extenuating circumstances. My SuperHost status for my beach rentals will not be affected.

HISTORY: HOA members in an uproar because of negative Airbnb press & April 2017 party during market week at one of the condos. The party wasn’t an Airbnb rental but contributed to the perception that STRs were a problem.

The loudest opposition were people who had never used Airbnb, didn’t know any hosts, didn’t go to the Airbnb website for knowlege, and only knew what they read in the paper or what their uninformed neighbors said.

Airbnb was targeted for the conversation although there are many STR websites. It was apparent that some had already made up their minds without information prior to the meeting. Information & reasonable thinking did not help.

In this instance a small group of misinformed people, killed STRs & income opportunities for their neighbors

BOTTOM LINE: Attend your HOA meetings. Get on the board if you can. Determine how to best get the support of your neighbors.

(IDEAS: give them a copy of your house rules, provide your phone number or the Airbnb neighbor website (https://www.airbnb.com/neighbors) so they can report any activity that is unruly or makes them uncomfortable, enourage them to meet their temporary neighbors if convenient, have conversations about the Airbnb ID process, if you check IDs, that you pay the appropriate taxes, etc.). Unfortunely since this condo is a new purchase, I haven’t met the neighbors so I haven’t done any of these things.

Did you know before you set up that STR’s were not permitted?

It’s a new rule. “HOA meeting 2 weeks ago…”

@Debthecat

This post indicates that this is a new rule. Not possible to know that the HOA regulations would change sometime in the future?

Or have I misunderstood?

New rule. New purchase. I inquired to prior purchase about STR for Furniture Market weeks. I was told that it was common in that neighborhood & not against rules. Purchase closed on 9/28. A few days after purchase, neighbors received a post-card that STRs were on the next HOA meeting agenda. I didn’t get a card, the HOA didn’t send one because it was a new purchase. HOA Meeting mid-October. It went into effect either 11/1 or 11/15.

The post was to let people know that HOA rule changes are considered “Extenuating Circumstances” & that if you are part of an HOA to reinforce that the HOA can change the rules for STR.

OK, probably a stupid naive question:
Is it within the HOA “jurisdiction” to just prohibit STR from one day to another? Have you looked for legal advice?

The fact that they first say “no problem at all” and then just prohibit after your investment is just crazy.

1 Like

@guthend

Fair statements/questions. It is within the HOA rights to change STR rules with a vote. My timing was just bad. Apparently it was brewing before the purchase but the vote had not occurred.

The condo is a purchase for my 84 year old Dad to live in (all on one level; no steps) with the opportunity for some extra income during the Furniture Market. The primary reason for the purchase was not rental. The plan was for Dad to take a week vacation at the beach or other while we rented the unit.

The change is an inconvenience and general PITA.

Just wondered if due diligence had been done before the purchase.
Of recent times and various topics of “flying under the radar” and “can they do this to me” and
"tell the front desk you are a friend of my mothers". As well as renting and not telling the landlord that they are Airbnbing…

I can’t agree @GutHend - in as far as I understand HOAs in the US are like property management companies over here who can and do introduce new rules around properties they manage.

It is highly unfortunate for @Annet3176, but is often the case the behaviour of a few (in this case someone letting a party go on in an STR they rented out) can affect the reputation of the many (airbnb hosts who manage their listings well including in a way that minimises upset to their neighbours.

@Annet3176 this is truly unfortunate for you but don’t be too harsh on your new neighbours. Even if they went to Airbnb or other STR websites it just shows you the glossy good side. They relied on first hand knowledge of the impact that an STR had when a party occurred and of course negative stories in the media don’t help.

Presumably you will still be able to rent your place out for long term rentals?

@Debthecat

No flying under the radar. I’ve got vacation listings in coastal SC, USA. I’ve got too much at stake to sneak.

1 Like

@Helsi

The condo is a purchase for my 84 year old Dad to live in (all on one level; no steps) with the opportunity for some extra income during the Furniture Market. The primary reason for the purchase was for Dad to live in it.

If we rented it during market, the plan was for Dad to take a week vacation during the rental.

You are correct, long term rentals are still ok if he ever moves (I hope he is able to stay there forever! I would rather not need to think beyond that however I know I must.)

That’s so nice of you to buy this for your Dad. Perhaps it might be possible to do a ‘house swap’ during this time. Then at least that way he could get a free vacation somewhere lovely?

2 Likes

@Helsi
I just edited my comment because I poorly worded it and it was easily misunderstood. Dad now lives there. I apologize for the confusion.

But I like the idea of house swap. I hadn’t thought about that for Dad to take a vacation. The HOA only outlawed rentals NOT swaps.

1 Like

@Helsi

I do appreciate the reminder to not be harsh on my new neighbors. I am frustrated and it shows, by the ones who were unfamiliar with how Airbnb works and didn’t want to learn. They complained that they didn’t want STRs because no one knew who was renting. These were the same people who didn’t recognize the person who lived a few doors away in the neighborhood so in other words they don’t know the person currently living beside them.

They didn’t know me. They didn’t do anything to me personally so I need to be kinder hearted (darn—you are right!!!)

1 Like

Just make sure your Dad has a lively crowd over to the early hours on occasion :slight_smile:

1 Like

Buying a property under a HOA to STR seems high risk.

Seems an issue here with due diligence.

@Como

Did you read the whole thread before commenting? The plan was to STR the unit for two weeks to pay for her father’s annual vacation.

1 Like

I did read the thread, thanks for asking!

1 Like

@Como
You stated your read the thread. I don’t understand your comment.
Due diligence performed. HOA made a change. Things happen.

Almost all condos and many housing developments have HOAs. In my area unless you live in a rural area you probably will have an HOA.

1 Like