HOA fining me for 30 day stays

HOA fining me for 30 day stays

Hi

 

I’ve been hosting stays in excess of 30 days, but there was a change in the HOA board and they began fining me for “short term/hotel/Airbnb” violations.  I’ve tried to point out that 30 day stays are legal per the CC&R’s and rules and regulations, but have had no luck.   I’ve provided proof that all stays are over 30 days, but the board denied my dispute and has refused to discuss any further.  Does anyone have thoughts on possible  recourse?

 

 

Below is from the  CC&R’s.

 

Any lease or rental agreement for a term of fewer than thirty (30) days or pursuant to which the lessor provides any services normally associated with transient occupancy shall be deemed to be for transient purposes and prohibited under this Declaration. All of the foregoing activities are prohibited whether they are engaged in full-time or part-time, whether they are for-profit or non-profit, and whether they are licensed or unlicensed. ·

 

Below is from the community handbook.

 

5. No Hotel, etc. No Residential Unit may be rented for hotel, motel or transient purposes or for any other purpose inconsistent with the Declaration. Any rental or lease term that is for a term less than thirty (30) days will be deemed a rental or lease for “hotel, motel or transient purposes” and considered a violation of the Governing Documents.

 

 

 

2 Replies 2

You might have to lawyer up on this one. Do the terms specify a process for dispute resolution if you refuse to pay the fine?

The rules and regs do have a provision for internal dispute that allows for an owner to meet and confer, but they’ve only granted me one meeting on the phone about a different issue and  did not allow me to bring up the hosting issue.  At this point, I’m looking into alternate dispute resolution to arbitrate the problem before lawyering up.