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Short-term rentals

Hello,
I stumbled onto this website last night as I was searching for information regarding short-term rentals (aka AirBnB, VRBO, HomeAway…). I too live in a HOA community, we chose our house because of that – thinking it would add a ‘layer of protection’ to us and our property. We moved into our home about 18 months ago. Shortly after moving in we found out that our neighbor runs a ‘vacation rental’. We found out about the vacation rental at 2:00 in the morning when a group of party goers arrived to our house and attempted to enter. Since then we have had numerous people arrive to our house thinking it was the rental property, group events are almost a weekly occurrence, and renters often trespass on our property to access the desert area. We have made complaints with our HOA as well as the city.
Each time I submit a complaint to the HOA I reference the CC&R that is being violated. According to our CC&Rs our community is a single family residence and homes can be leased from time to time to single families. I feel my neighbor is violating the rules by renting her home to multi family groups. Essentially it’s a party house next door, and multiple families split the cost of renting since it’s a large house (6 bedrooms).
The HOA claims that it’s a grey area. And week after week it’s a revolving door of party goers.
I would appreciate any advice on how I can protect my family and property. Thank you

1 Response

  1. dennisl

    Mckenzie,

    Unfortunately you are not alone with this problem. Most community CC&R’s were written well before the concept of vacation or short term rentals were a problem. If the association has no restriction on the length of rental of units or homes than each property owner has the fundamental right to use his home for any reason he/she wants. It is their property. However if the association has no provision on rental time then they are free to create rules addressed at the behavior of tenants relative to the impacts they have on the use or enjoyment of the common property or other individual homes. Now if the association has provisions in the CC&R’s restricting short term rentals ()typically anything less than one month) they are duty bound to enforce those provisions. Like I said there is nothing grey about this issue, either that have restrictions that apply or they do not. And if they do not they are still free to create rules relative to the protections of your rights to use and enjoy your property without harassment and nuisance behaviors of the tenants.

    First look over you CC&R’s carefully especially any provision relative to rentals. If you believe that the neighbor is violating those provisions then report that violation to the association either the board directly or the management company using the tool that they have established to address violations of the governing documents.

    If they refuse to act and you believe that the association is ignoring a specific provision of the CC&R’s than you can file a petition to the Department of Real Estate noting the associations failure to enforce the governing documents and requesting the Administrative law judge to force the association to comply with the governing documents.

    Dennis

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