Post by High Priestess on May 28, 2016 22:36:26 GMT
Roni shared on Palm Springs Hosts
www.airbnb.com/groups/content/content-92205
Need help fast - HOA making trouble with using Airbnb
We have no rental restrictions yet my HOA is acting as if we have restrictions. I need a lawyer - anyone have a similar problem? PS my guests are amazing and never bother anyone
14 comments•1 like
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Matt
Matt
Matt2 years ago
The HOA cannot legally impose rental restrictions unless it's either currently stated in the CCRs or already agreed upon by you. If the HOA has no prior restrictions, than they cannot alter it later unless you and the community as a whole agree upon this. The current Davis Stirling act which governs HOAs specifically exempts rental restrictions unless YOU waive your rights. Don't waive your rights! I may have someone you can talk to...
Matt
Like
Roni
Roni2 years ago
Matt - u r an angel - I have a violation hearing in 11/21 - the lawyer refuses to show me where in the CC&Rs it says that I am no allowed short term rentals. Thanks!
Like
Matt
Matt2 years ago
No restrictions = no violation. No violation = no fees imposable. Fees imposed = lawsuit by you = you are a winner. Brush up on the CA corporations code AKA Davis Stirling act. They must show proof of violation or they have no case.
I live in an HOA that expired over 10 years ago and the board members are too arrogant to know recognize that they are acting the part of the fool. Know the letter of the law and chapter and verse. It takes about an hour or two to read the Davis Stirling Act. Make sure you have the latest version and then call thier bluff.
Like
Roni
Roni2 years ago
I did but they are moving forward thinking they can bully me - looks like I will need a lawyer. They r claiming I am running a "quasi hotel" what a joke - I mean if My friends weren't so lazy then they would be here every weekend I only rent on Airbnb because my friends don't use the spare room so why not let someone else use it and we meet such nice people - the money is nice but secondary. I read DSA thanks - if u have a lawyer u can recommend let me know.
Like
Matt
Matt2 years ago
I checked with my aquaintance, but it looks like they only advise HOA's -- that's where the $$$$ is I suppose (pretty sad). I've talked to a few lawyers in the valley before, but most are sheepish and arent very confidant in a defensive approach. If you have any luck out there (finding an advocate) please let me know as I'm looking for one also. I'm sorry you are going through this, but it's exactly what HOAs do best -- bully and drove the sense of private property.
Like
Roni
Roni2 years ago
They r jealous!!! I found a few online - I will call them on Monday and let u know.
Like
Gene
Gene2 years ago
Well, what is their power? Make you sell the home? No. Restrict access? No. So really, I would kick sand back at them and have fun with it as your greeting next guests!
Like
Roni
Roni2 years ago
I am going to hire a lawyer to fight them
Like 1 like
stacie
staciea year ago
I am eager to know what happened in your court case and if you found a good lawyer we may need one you never know
Like
Roni
Ronia year ago
Not sure if it will go to court but we will fight the HOA since they have no right to interfere with this as we are not violating our CC&Rs
Like
Richard
Richarda year ago
Any developments in this story?
Like
Roni
Ronia year ago
Richard - yes - I found a lawyer and he confirmed in writing that based on or CC&RS that we are not violating any rules. Yet the HOA still didn't back down- The HOA continues to send notices to pay fines which I ignore. There is really nothing the HOA can do unless they go to Court they have taken away our rights but who cares if they dare to enforce those restrictions by harassing me or my guests I will seek a restraining order against them. They haven't told other owners how much money they wasted on this nonsense becuz they will go coco on them. I just let them blow their hot air while I profit from rentals. Our CC&Rs do not have any restrictions so they can bark all they want. Now there is another owner here who is using airbnb.
Like
Richard
Richarda year ago
If the HOA has a rules already in the CCRs, that specifies that an owner cannot rent less than 30 days, I was thinking about sub-letting. What would prevent me to rent for 30 days to someone I know and by-pass the law by having that person rent it for less than 30 days. Wonder if that would be legal to bypass the CCR.
Like
Roni
Ronia year ago
Richard - I am not a lawyer but I do know that renters are subject to the same rules of the CC&Rs as owners and so your HOA could go after you for a violation committed by your tenant. The great thing about Airbnb is that you can find someone to share your place with - the bad thing is that there is absolutely no privacy as everyone can see what you are renting, where, when and to whom - especially if people leave reviews. You could offer your place on Airbnb for less than 30 days and if they stayed for less oh well but that would limit you to one rental per month.
www.airbnb.com/groups/content/content-92205
Need help fast - HOA making trouble with using Airbnb
We have no rental restrictions yet my HOA is acting as if we have restrictions. I need a lawyer - anyone have a similar problem? PS my guests are amazing and never bother anyone
14 comments•1 like
Follow
Like
Matt
Matt
Matt2 years ago
The HOA cannot legally impose rental restrictions unless it's either currently stated in the CCRs or already agreed upon by you. If the HOA has no prior restrictions, than they cannot alter it later unless you and the community as a whole agree upon this. The current Davis Stirling act which governs HOAs specifically exempts rental restrictions unless YOU waive your rights. Don't waive your rights! I may have someone you can talk to...
Matt
Like
Roni
Roni2 years ago
Matt - u r an angel - I have a violation hearing in 11/21 - the lawyer refuses to show me where in the CC&Rs it says that I am no allowed short term rentals. Thanks!
Like
Matt
Matt2 years ago
No restrictions = no violation. No violation = no fees imposable. Fees imposed = lawsuit by you = you are a winner. Brush up on the CA corporations code AKA Davis Stirling act. They must show proof of violation or they have no case.
I live in an HOA that expired over 10 years ago and the board members are too arrogant to know recognize that they are acting the part of the fool. Know the letter of the law and chapter and verse. It takes about an hour or two to read the Davis Stirling Act. Make sure you have the latest version and then call thier bluff.
Like
Roni
Roni2 years ago
I did but they are moving forward thinking they can bully me - looks like I will need a lawyer. They r claiming I am running a "quasi hotel" what a joke - I mean if My friends weren't so lazy then they would be here every weekend I only rent on Airbnb because my friends don't use the spare room so why not let someone else use it and we meet such nice people - the money is nice but secondary. I read DSA thanks - if u have a lawyer u can recommend let me know.
Like
Matt
Matt2 years ago
I checked with my aquaintance, but it looks like they only advise HOA's -- that's where the $$$$ is I suppose (pretty sad). I've talked to a few lawyers in the valley before, but most are sheepish and arent very confidant in a defensive approach. If you have any luck out there (finding an advocate) please let me know as I'm looking for one also. I'm sorry you are going through this, but it's exactly what HOAs do best -- bully and drove the sense of private property.
Like
Roni
Roni2 years ago
They r jealous!!! I found a few online - I will call them on Monday and let u know.
Like
Gene
Gene2 years ago
Well, what is their power? Make you sell the home? No. Restrict access? No. So really, I would kick sand back at them and have fun with it as your greeting next guests!
Like
Roni
Roni2 years ago
I am going to hire a lawyer to fight them
Like 1 like
stacie
staciea year ago
I am eager to know what happened in your court case and if you found a good lawyer we may need one you never know
Like
Roni
Ronia year ago
Not sure if it will go to court but we will fight the HOA since they have no right to interfere with this as we are not violating our CC&Rs
Like
Richard
Richarda year ago
Any developments in this story?
Like
Roni
Ronia year ago
Richard - yes - I found a lawyer and he confirmed in writing that based on or CC&RS that we are not violating any rules. Yet the HOA still didn't back down- The HOA continues to send notices to pay fines which I ignore. There is really nothing the HOA can do unless they go to Court they have taken away our rights but who cares if they dare to enforce those restrictions by harassing me or my guests I will seek a restraining order against them. They haven't told other owners how much money they wasted on this nonsense becuz they will go coco on them. I just let them blow their hot air while I profit from rentals. Our CC&Rs do not have any restrictions so they can bark all they want. Now there is another owner here who is using airbnb.
Like
Richard
Richarda year ago
If the HOA has a rules already in the CCRs, that specifies that an owner cannot rent less than 30 days, I was thinking about sub-letting. What would prevent me to rent for 30 days to someone I know and by-pass the law by having that person rent it for less than 30 days. Wonder if that would be legal to bypass the CCR.
Like
Roni
Ronia year ago
Richard - I am not a lawyer but I do know that renters are subject to the same rules of the CC&Rs as owners and so your HOA could go after you for a violation committed by your tenant. The great thing about Airbnb is that you can find someone to share your place with - the bad thing is that there is absolutely no privacy as everyone can see what you are renting, where, when and to whom - especially if people leave reviews. You could offer your place on Airbnb for less than 30 days and if they stayed for less oh well but that would limit you to one rental per month.