not be be used for hotel or transient purposes

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

We have a clause that states the units are not to be used for hotel or transient purposes.

A mother and daughter each owned a unit. The 104 yr old mother died and the daughter inherited her unit. The daughter let her brother who was here for the funeral stay in the empty unit. I knew about this but was not about to say anything to the daughter as she was going through a grieving process.

We have one off site out of state owner who has said (or so I have heard, he did not tell me personally.) that he may allow family to use his unit (if it were empty which it was at the time he said this but is no longer empty) when family or friends come to visit for a few days.

My question is this: Does an owner allowing anyone to stay in his or her unit for a few days (in your opinion) constitute using the unit for hotel or transient purposes.

I kind of think it does, but I have been wrong more than once before.

TimB4 (Tennessee)
Posts: 21,062

Posted:

No.

It's no different then you allowing a guest to use your spare room.
They just happen to have a spare unit (similar to a guest house).

Now, if they were renting the unit for only a few days, that would be using the unit as a hotel.

MarkM31 (Washington)
Posts: 556

Posted:

Mountain, meet molehill.

The norm for Bonnie

PitA
Posts: 1,416

Posted:

NO

ps.

?you 'heard'?

that would be gossip or hearsay

go to the movies

go to the beach

visit the museum

do SOMETHING

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By TimB4 on 08/17/2015 6:48 PM
No.

It's no different then you allowing a guest to use your spare room.
They just happen to have a spare unit (similar to a guest house).

Now, if they were renting the unit for only a few days, that would be using the unit as a hotel.

Thanks Tim your advise, unlike some others on this site, is usually quite helpful. And what you say makes perfect since to me. We do not have a problem with this at this time but I wanted to get opinions of others before we do have a problem. Of course we would check with our lawyer before we would take any action against an owner who rented his/her unit on a short term basis. (Currently less than 3 months)

We do require a lease agreement to be on file when an owner leases a unit.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Bonnie,

If it was happening, why check with the attorney or even make it an Association issue.

Turn in a tip to the State/County taxation department (as they will want their taxes from hotel rentals) and let them handle it.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By TimB4 on 08/18/2015 7:52 AM
Bonnie,

If it was happening, why check with the attorney or even make it an Association issue.

Turn in a tip to the State/County taxation department (as they will want their taxes from hotel rentals) and let them handle it.

I don't think we will need to concern ourselves with this at this time. I just like to be proactive instead of reactive. I am so glad that this issue has been addressed on this forum and for the advice I have received especially from Tim.

I wish the Association could afford a unit for guests as some buildings have, but at this time the Association can not afford it.

PitA
Posts: 1,416

Posted:

Who would pay for said 'guest unit'?

Who would administer the 'bookings'?

Who would monitor its' upkeep?

Who would be the 'housekeeping supervisor'?

etc.

You are beginning to sound just like the Mad Hatter.

I'm late! I'm late! For a very important date!

Said date being a BOD meeting where Jabberwocky will spew from an 'attorney's' grinning mouth as it disappears.

OR

Perhaps this is all YOUR individual doing and the BOD is not involved.

either way, it all sounds very very peculiar

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By BonnieG1 on 08/17/2015 6:39 PM
We have a clause that states the units are not to be used for hotel or transient purposes.

A mother and daughter each owned a unit. The 104 yr old mother died and the daughter inherited her unit. The daughter let her brother who was here for the funeral stay in the empty unit. I knew about this but was not about to say anything to the daughter as she was going through a grieving process.

We have one off site out of state owner who has said (or so I have heard, he did not tell me personally.) that he may allow family to use his unit (if it were empty which it was at the time he said this but is no longer empty) when family or friends come to visit for a few days.

My question is this: Does an owner allowing anyone to stay in his or her unit for a few days (in your opinion) constitute using the unit for hotel or transient purposes.

I kind of think it does, but I have been wrong more than once before.

For the life of me, without sounding harsh, why would someone bring this type of topic onto this forum. This was family, in for a few days, during a funeral.

This in my opinion is not being proactive, this is flat out snooping.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By RichardP13 on 08/22/2015 5:22 PM

Posted By BonnieG1 on 08/17/2015 6:39 PM
We have a clause that states the units are not to be used for hotel or transient purposes.

A mother and daughter each owned a unit. The 104 yr old mother died and the daughter inherited her unit. The daughter let her brother who was here for the funeral stay in the empty unit. I knew about this but was not about to say anything to the daughter as she was going through a grieving process.

We have one off site out of state owner who has said (or so I have heard, he did not tell me personally.) that he may allow family to use his unit (if it were empty which it was at the time he said this but is no longer empty) when family or friends come to visit for a few days.

My question is this: Does an owner allowing anyone to stay in his or her unit for a few days (in your opinion) constitute using the unit for hotel or transient purposes.

I kind of think it does, but I have been wrong more than once before.

For the life of me, without sounding harsh, why would someone bring this type of topic onto this forum. This was family, in for a few days, during a funeral.

This in my opinion is not being proactive, this is flat out snooping.

I was wondering about this long before the 104 yr old lady died. I was not snooping, I just happened to see the deceased lady's daughter bring her brother to her mother's unit. I do have better things to do with my time than snoop.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 08/22/2015 5:05 PM
Who would pay for said 'guest unit'?

Who would administer the 'bookings'?

Who would monitor its' upkeep?

Who would be the 'housekeeping supervisor'?

etc.

You are beginning to sound just like the Mad Hatter.

I'm late! I'm late! For a very important date!

Said date being a BOD meeting where Jabberwocky will spew from an 'attorney's' grinning mouth as it disappears.

OR

Perhaps this is all YOUR individual doing and the BOD is not involved.

either way, it all sounds very very peculiar

the questions who mentioned are good questions and things I have considered. I didn't say I was planning on bringing this issue before the Board, I just said I wish we could. I know it is impractical for us.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By BonnieG1 on 08/22/2015 6:49 PM

Posted By RichardP13 on 08/22/2015 5:22 PM

Posted By BonnieG1 on 08/17/2015 6:39 PM
We have a clause that states the units are not to be used for hotel or transient purposes.

A mother and daughter each owned a unit. The 104 yr old mother died and the daughter inherited her unit. The daughter let her brother who was here for the funeral stay in the empty unit. I knew about this but was not about to say anything to the daughter as she was going through a grieving process.

We have one off site out of state owner who has said (or so I have heard, he did not tell me personally.) that he may allow family to use his unit (if it were empty which it was at the time he said this but is no longer empty) when family or friends come to visit for a few days.

My question is this: Does an owner allowing anyone to stay in his or her unit for a few days (in your opinion) constitute using the unit for hotel or transient purposes.

I kind of think it does, but I have been wrong more than once before.

For the life of me, without sounding harsh, why would someone bring this type of topic onto this forum. This was family, in for a few days, during a funeral.

This in my opinion is not being proactive, this is flat out snooping.

Also this funeral was months ago, it was not something recent. I did not say anything to them because they were grieving and now I am extremely glad that I did not say anything to them. I may not be the brightest bulb on the block, but I try to surround myself with bright people. Many of these bright people are on this site and have helped me. The other bright people are the other Board members. I just hope my Association never goes back to voting for a Board Member because it is their turn.

I was wondering about this long before the 104 yr old lady died. I was not snooping, I just happened to see the deceased lady's daughter bring her brother to her mother's unit. I do have better things to do with my time than snoop.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

If I remember correctly when I did she the lady's brother, I was taking a newspaper to a over 90 year old lady who has difficulty walking to the entryway to get her own paper.

PitA
Posts: 1,416

Posted:

I do have better things to do with my time than snoop.

evidently not, as you posted this 'thread'

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 08/24/2015 4:49 AM

I do have better things to do with my time than snoop.

evidently not, as you posted this 'thread'

One of the better things I have to do with my time is post on this site. Also I am not on here everyday, there may be weeks at a time that I don't post anything. I may take a minute or so every os often to read some posts depending on what else is going on in my life and the Association.

ChazS1 (Ohio)
Posts: 18

Posted:

Yep, get a life Bonnie.

Also, in your spare time, look up the definitions for Hotel, Motel, Transient, FAMILY and any other word that you THINK that you know the definition of. Those words, as LEGALLY defined, will be within you City and or County Planning department codes.

As well, find within your HOA CC&Rs that documents definitions as well.
If CC&R's state only "family"...without definition of what family is, then it falls to the City/county definition.

ChazS1 (Ohio)
Posts: 18

Posted:

OOps...not Bonnie, but Aptly named.... PITA

ChazS1 (Ohio)
Posts: 18

Posted:

OOps...again. too confusing.
bottom line, just quit snooping

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By ChazS1 on 11/13/2015 10:08 AM
OOps...again. too confusing.
bottom line, just quit snooping

My reply to Richard was:

I was wondering about this long before the 104 yr old lady died. I was not snooping, I just happened to see the deceased lady's daughter bring her brother to her mother's unit. I do have better things to do with my time than snoop.

More information regarding my reply to Richard. I saw this when I was delivering a newspaper to a 90+ yr old lady who has difficulty walking to the paper box. (We have a large locked box for our newspapers)
I don't know how anyone would consider that snooping. I Just went on my way and did or said nothing other than maybe "hi".

PitA
Posts: 1,416

Posted:

My name is PitA.

I am a snoop-a-holic.

NOT

However, I am a pain in the a$$

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say letting family stay in the unit does not constitute renting it.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By JohnC46 on 11/13/2015 2:30 PM
I say letting family stay in the unit does not constitute renting it.

I agree. I don't know why people keep posting on this. I thought it was handled weeks ago.

PitA
Posts: 1,416

Posted:

noooooooo,

you THOUGHT you got the last word weeks ago

and just now

ps. I have MUCH more free time than you

TimB4 (Tennessee)
Posts: 21,062

Posted:

Bonnie,

The thread was effectively closed until Chaz chose to reopen it and take a cheap shot.

The additional info provided was certainly worth posting. The cheap shots simply detract from the conversation.

ChazS1 (Ohio)
Posts: 18

Posted:

Posted By TimB4 on 11/14/2015 6:08
The thread was effectively closed until Chaz chose to reopen it and take a cheap shot.

The additional info provided was certainly worth posting. The cheap shots simply detract from the conversation.

**************
Yep, you're right. Apologies extended. Just thought I'd be funny,,,at someone else's expense.