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CCRs Article V, Section 1. " an apartment shall be used, improved and devoted exclusively to single-family residential use. No gainful occupation, profession, trade or other non-residential use shall be conducted on any such property. "
Please give me any ideas or advice on how to get around this. I spent months and a lot of money getting ready for my Airbnb to open. Super bummed! Kelly
I can’t imagine why you didn’t research the terms of your HOA policies before putting in a bunch of time and money assuming you could STR. I don’t mean to be harsh, but it’s putting the cart before the horse.
FYI, I’m not trying to pile on more scolding. I received a similar violation letter just a few weeks ago after almost 16 months of hosting, so I shut down my listing. I plan to start doing long-term rentals (furnished month-to-month) this fall when the season starts up and hopefully COVID-19 has died down.
Sorry, but why were you so daft? Were you lied to and the HOA originally told you that STR was permitted? If so you still have no recourse as HOAs can change their rules whenever they want to.
I’ve twice bought properties that have been subject to strict HOA rules and on both occasions I’ve seen and studied those rules first. I’m imagining that if you hadn’t even checked the HOA rules you’d also ‘forgotten’ to get STR insurance and the local permits?
You can’t get around it.
You could, as I did with one, find out what their objections are and ask them to give you a six month trial to show that your STR won’t cause any problems but are you capable of doing that? And if at the end of that trial they say that the experiment didn’t work, then that’s that.
Well, I understand why that sucks. And there’s no point now in telling you that you should’ve checked beforehand. I know that won’t make you feel any better. However, it is a really crap time to be starting up with Airbnb/short-term rentals, so maybe that will make you feel a bit better. A blessing in disguise perhaps!
@Grendel. I didn’t see you offering anything constructive, just criticizing others. Pot / Kettle
If you actually read what @jaquo suggested, it was by far the most constructive thing that @kjacobs4 could do. Daft, or the term I’d use, “mind boggling” for anyone who would invest in an AirBNB without knowing about their own HOA rules. Also, to not have a backup plan is another fail, because anyone in a HOA should be prepared for rules to change, as banning or limiting STR is becoming the norm for Home Owner Associations.
As for being constructive, let me offer this to you -> Have you ever considered grouping your responses into one response rather than your habit of multiple entries?
I got bitten by an HOA changing the STR rules shortly after my purchase and I had rentals.
I received several lectures on the evils of HOAs and how I should’ve handled it differently. The kicker was I guess they didn’t consider that I was already distressed and realized I had made mistakes. Makes us realize why some children won’t honestly tell parents when they’ve made mistakes.
How strict is the HOA? Are there any other STRs in the neighborhood? Did they send you the letter after you listed on Airbnb of VRBO?
Is this property for STR only or do you live there?
Let’s take it one step further. What is considered acceptable rental / lease period? >7 days? >30 days? > 6 months? >12 months?
There may be a way to comply but still use The property for rental especially if another STR has been operating.
Oh and do you own or rent? If rent, there is nothing to be done. If you are an owner, you can have a voice as part of the HOA.
What advice do you think we should give?
Lie to their board?
Tell the guests to say they are visiting relatives/ friends?
This is how STR gets a bad name.
The OP has been told what the rules are and obviously hasn’t done her due diligence.
You also don’t seem to understand how to post in a forum, as another user pointed out. It doesn’t follow the form of texting- it’s writing, where you put all you have to say in one post, not write one sentence, hit reply, then another sentence, hit reply, etc.
I asked a youngish guest one time who had been texting me in this way during her stay why people text like this (because it drives me crazy)- why not put all you are saying or asking in one text message? What she explained to me was enlightening, because I didn’t grow up in a texting generation, although I certainly use texting now. She said that most people who text a lot think of texting as another form of talking, rather than writing. I say something, then you say something, then I say something, etc. I was appreciative of the explanation, because it somewhat lessened my annoyance about it, once I understood the basis of it.
But posting on a forum isn’t the same medium as texting.