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@NordlingHouse The articles that @DestinationCO posted describe how the state believes it can overrule the HOA, because of similar terms OP has. Noting that this is in TEXAS (enough said).
If not appealed, I would expect the HOA will craft more specific terms ruling out STL, so no matter what happens in TX or with OP, anyone in a HOA should have a backup plan.
An excerpt from one of the articles.
Kenneth Tarr bought a home near San Antonio in 2012, but when his employer transferred him to Houston two years later, he began to rent it out on a short-term basis. His homeownersâ association soon took issue with that, telling him that the practice violated his deed restrictions, which said his home had to be used âsolely for residential purposes.â
Tarr and his lawyers argued that short-term rentals did constitute a residential purpose: Visitors ate, slept and entertained themselves as anyone would at home. The homeownersâ association countered that Tarrâs property operated more like a hotel than a home, meaning it was primarily serving a commercial purpose.
âSo long as the occupants to whom Tarr rents his single-family residence use the home for a âresidential purpose,â no matter how short-lived, neither their on-property use nor Tarrâs off- property use violates the restrictive covenants in the Timberwood deeds,â Justice Jeff Brown wrote Friday for a unanimous court.
Does anyone else find it interesting that the OP, Kelly (@kjacobs4) has never replied to her own thread?
@Grendel. Just an observation, as you are new. This forum is not similar to the âwarm and fuzzyâ environments that you might be used to. Many here are very experienced hosts. There is much to be learned, and few will bother to soften the message to âspare feelingsâ.
This is business. A virtual slap here may save or make us $$$. A thin skin does not mix well with STR.
We do not know the full story. If the OP purchased property for STR without proper diligence, there will be little sympathy here. Myself included.
Indeed. My point is that we have no clue what the OPâs situation is. We probably never will, and if she canât be bothered to participate why should we care.
I honestly do not see âbullying and scoldingâ. I see forum regulars being frank and honest, and a new member choosing to be sensitive about it. Direct language is not an excuse to be offended.
I have held back from commenting or replying to your posts @Grendel but maybe, just maybe as a newish poster you should do more reading and less posting. Or think it through before hitting the reply button? You come off as argumentative and a know it all and it is getting old.
I am going to agree with @Grendel on this and drill down on the word gainful⌠It seems subjective enough to be a loophole. That being said if the HOA does not want STRâs and you challenge them on the language of the CC&Râs they will likely just change the language. I would join the board, try and change it from within.
Generally speaking, all STR is considered to be ânon-residentialâ use, hence the fact in many jurisdictions commercial (or enhanced) local taxes are applied. It would all come down to local interpretation if someone went to court over it, but as you say, all the HOA need to do is revise it if challenged.
If I remember correctly, the last topic with almost identical circumstances ended up in a rammy as well. Funny that.
@kjacobs4 Kelly, I donât want to seem unsupportive, but reading your condoâs by-laws is the first step when considering using real estate as a vacation rental or short-term rental property . By the way, do you own the property or is it a rental?
@kjacobs4
âKelly, it would be good to read the entire document and also determine if other neighbors are happily using their units for STR.
âThereâs a chance that there is language in another section of the document that refers specifically to the rental of the unit.
âThe language you referenced is more focused on precluding unit owners from conducting business in their units such as manicure/pedicure, daycare for children, daycare for dogs, fortune-telling business, etc, thus bringing strangers into the community, having parking spots taken by outsiders, etc.
I donât think the purpose of the purchase really matters, reading what youâre signing up to is house buying 101.
Youâre correct; however if the document is worded correctly, with no contradictory clauses, the non-res generally rules out STR.
Then again, my knowledge of how wording is interpreted legally in the US is minimal⌠now, if weâre talking about Turkish Condominium Law or The Tenements (Scotland) Act, Iâm yer man
@JohnF youâd be surprised how such documents can be so poorly written that it would not surprise me if a separate clause regarding rental allows rental under specific conditions (such as for a lease of a minimum of 12 months or rental for only 60 days out of each calendar year, etc. ).
Actually I wouldnât be surprised. I spent twenty years working for law firms in Istanbul and I reckon Iâve seen my share of poorly crafted documents!
Canât say I did Joan, but then again I might have done. There are many nights spent with ex-pats that are but a vague memory, and that was the case the morning after also!
During the noughties myself and a couple of friends used to organise (paid) parties and events for ex-pats, and we used to meet so many folks that it all became just a blur at times, even sober!
A (still) good friend and I used to organise such events at Bahrain Rugby Club during the first Gulf war, called âBacks against the Wallâ parties. Given that many ex-pat wives and families had gone back to the UK, and we had a preponderance of Gulf Air hostesses attending, he and I were blamed for many marriage breakdowns
It sounds bad, but I would just contact the HOA and ask the specifics. Do you also live there and you rent out a room? If so, maybe that would be ok. Sometimes there are opportunities when you just make adjustments.
Keep in mind, the STR market now is horrible, so you are probably better off just renting the unit out to a family on an annual lease anyways. Even if your were allowed to rent on AirBnB you might find no one is interested, and cleaning is hazardous. Good luck.
Wow, thatâs pretty harsh, coming from a moderator. What state are you in kjacobs4? If itâs Texas, HOA rules such as that one have been struck down by the TX Supreme Court, as short term rentals are not defined as a business use of the home, but rather, a residential use in keeping with most HOA rules. Take a minute to Google the court case in TX, Tarr v. Timberwood Park. The Tarrs are well known to us and this is a landmark case for HOAs here. HOAs in TX need now to change the wording in their covenants to include banning short term rentals, which requires a vote of all members. Sorry this happened to you, but maybe more research is in order.
You know, @jaquo and @KKC, whenever folks say this to you, I always get this song in my head. Pretty Fly for a White Guy = Pretty Harsh for a Moderator.
If it werenât for Covid, Iâd like to meet up somewhere in the middle and film a cover-video of you guys doing Pretty Harsh for a Moderator
