Short Term Rentals

If you went ahead with the rental after being told it was in violation, you would still be in violation. It doesn't matter if the reservation was taken before you were notified. It was against the rules when you made the reservation.

In my opinion, the Board/MC had a obligation to respond to your letter prior to February 7 when the reservation was to be used. The absence of any response might lead someone to believe they were agreement to your actions.

If they would have responded prior to Feb 7th, then you would have known their stance and could have had the reservation cancelled. They responded WELL after the fact.

I don't know the rules on what documents have to be turned over to a prospective buyer, but in California, there is a whole series of documents a buyer who is in escrow is required to receive. While the majority of posters here are seasoned veterans, the fact of the matter, most buyers moving into an association have no idea what they got themselves into, until.....well, it's too late.

Good Luck

Jen

Say a BOD was to send one a letter telling one to stop something on 04/01 and the person responded they would stop on 05/01, the bottom line is they did not stop on 04/01 and the BOD had no need to respond to their response/request that they would stop on 05/01.

Them not responding, is not approval thus you went against their request to stop on 04/01.

I say tell them you are no longer on AirBnB and you will never again make this mistake. Mea culpa. Mea culpa.

I agree with John, Richard. As PitA often says, caveat emptor! Buyer beware.

I also disagree that the HOA was under any "obligation" to reply to Jenifer's request. After all, it appears she made it AFTER she already had "honored" the airbnb customer request for Feb. 7-13. In other words, she did NOT comply with what the Board clearly required.

Jen wrote: "I sent a follow up letter in MID-February asking why they had not been enforced...I also asked them to allow me to honor one final reservation that had been reserved on January 10, before their notice."

I do agree with Richard that, with a sincere apology even in writing & in person, the Board might cut this newbie some slack. But they aren't obligated to. Since Jen is without a job, BobD, I don't think she should hire counsel, which in fact, COULD escalate vs. defuse this situation. I think the best way to make peace is to apologize sincerely. It's obvious she already has made a new neighbor angry by renting via airb&b. I would hope we all ant her to have a happy life going forward.

It's true we do not know the exact words of the relevant CC&Rs in Jen's HOA and perhaps she'd like to cite them for us. But I don't think it's helpful to lead her into thinking she has a "case" against her Board. We also don't know the exact words in Jen's request that she sent AFTER the Feb. 7-13 rental period OR if she sent it to the right party.

Maybe I'm misunderstanding Jenifer, Richard. She wrote: "I sent a follow up letter in MID-February asking ... them to allow me to honor one final reservation that had been reserved on January 10, before their notice."

But that final reservation seems to have occupied her unit, 2/7-2/23 BEFORE she asked to honor it.

I already agreed that the Board should move on & forget the fines & withdrawal of privileges. But she'd best be contrite. Don't you agree, Richard?

In your experience as a property mgr., Richard, don't most Rules & Regs make reference to the the CC&Rs? Ours do. Jen moved in 5 months before her airb& b problem. Shouldn't she have somehow learned about the CC&R's existence by then?

1. Is there something you know, that we don't. "She has made mistakes and maybe isn't finished".

2. How has she turned the Board into hornets? Don't think she had ANYTHING to do with that.

Thanks for all the feedback. Here is what the original letter said:

I have enclosed your printed Air BnB profile with reviews which indicates you have been committing violations of all three of these restrictions ongoing since October of 2015. Please be advised that this must cease immediately. Please use the enclosed form to respond as required. If this practice continues, you will be called to a hearing.

Here is my response dated January 27, 2015:

Thank you for your letter dated January 18, 2016 in regards to my alleged non-compliance re: rentals/leasing violation. I enjoy living in XXX and appreciate your concern for all residents living here. I was not provided the restrictive covenants until January 21, 2016 by my attorney at the office of XXX. Previously I had only been given the Rules and Regulations by my realtor on June 15, 2015 and by your insurance company on September 9, 2015 which do not outline this restriction. To comply, the listing has been removed from the website as of January 21, 2016 and will not accept further reservations.

Prior to January 21, 2016 I received one last booking for the dates of February 7-13, 2016. It should please XXX and the HOA Board to know that I am a Superhost for AirBnB, meaning that I am one of a few people that provides superb amenities for their guests. To keep this status for the future, I ask XXX and the HOA Board to allow me to host this last guest as the booking has already been confirmed on January 10, 2016. The guest has been verified and will be in XXX for medical treatment.

The covenants were constructed in 2004 and reading through the minutes from 2014-2015 it appears no changes were made. In 2009 the Zoning Ordinance of Buncombe County adopted regulations zoning the land that XXX is on a R-3. This was amended in 2015 and the land is still R-3. I respectfully ask the HOA to bring a vote to all members at the May meeting to change the covenant pursuant to articles 8 and 16. I did not purchase my home to invite guests into it, but after the loss of my job last fall it was needed to continue paying my mortgage. I believe many homeowners would be impressed to know that local online travel company sales jumped more than $1 million after Airbnb officially went on the Buncombe County tax books in June of 2015. One-month sales went from $344,177 in May to $1.4 million in June, according to the county tax department. I do not believe in allowing owners to participate in sights such as this year-round, but I do think bringing a vote to homeowners is the respectful thing to do. I would suggest placing a cap of 180 days per year on participation.

In order to enforce all rules consistently in the neighborhood of XXX, I am including a complaint of current violations. I appreciate your prompt attention to these matters.

Unit X is in violation of Rule 26, their floor covering was not glued or screwed down and no padding installed. The noise is not minimized; I hear every footstep and detail of the unit. The previous residents (who moved out on November 30, 2015) informed me that the previous owner, XXX, also complained to them about this. I complained to the previous tenants and the owner on December 4, 2015. I have to sleep with earplugs and the noise from the floor upstairs still wakes me up. I hear the tenants when they arrive home, leave during the day, and walk around while home. I can tell exactly where they are going in their unit.
Unit XXX is in violation of Rule 3 and Section 8.8 of the Covenants, their dog is over 28 pounds. Their dog also does not have the care that prevents it from becoming obnoxious or offensive with noise. It barks constantly when people walk in and out of their homes, walk up to their door, and when it sees anything out of the window. I have spoken to the owners and in August they worked with a company to help the dog with aggressive behavior.
The following units are in violation of Rule 10, keeping entrances, passageways, and other common areas as storage areas:
XXX,XXX, XXX, XXX, XXX, XXX
There is a motorcycle stored in the guest space between XX and
XX; it has been there for over two weeks.
In the zoning plans I was given at my closing, upon purchase of the unit, it outlines a tennis court. In the HOA meeting minutes from March 13, 2015 an item of discussion includes ‘tennis court repairs to be done.’ In the time I have lived at XXX there has not been a tennis net or any tennis lines painted on the tennis court. I would ask that this be followed through so that tennis can be played on the court.

I enjoy living at XXX and would like to become involved with the HOA, per my phone call on January 6, 2016. I would ask that the meetings be placed on the calendar to assist homeowners in planning. Thank you for the job you do and I look forward to working with you in the future.

Best regards,

This is the second letter sent on February 12, 2016:

It has been more than 10 business days since I contacted you and I am writing to follow up on my letter of January 27, 2016 where I noted the following violations at XXX:

In order to enforce all rules consistently in the neighborhood of XXX, I am requesting that the violations be enforced. It is unlawful to enforce one rule and waive on others.

I enjoy living at Heywood Crossings and appreciate your prompt attention to these matters.

Here is their response sent on January 16, 2015 (by the property management co):

I have received both of your letters regarding various resident complaints at Heywood Crossing Condominium, and hereby acknowledge same. Any issues/violations in your first letter that needed to be addressed by management have been addressed or are in the process of being addressed via the same process under which you were notified of your violation. As to the flooring in the unit above you, neither you nor I can speak as to how this floor was or was not installed. However, if a former owner of the unit did not have flooring properly installed this would be the responsibility of the current owner to repair. I suggest you contact them directly. The owner’s name is XXX, and his telephone number is XXX. He or you would have to obtain an opinion from a licensed contractor first. If there is a legitimate issue with the flooring, the determination as to who would be responsible – HOA vs. current owner – could only be made once an issue is first identified and outlined.

As to tennis courts, there have been none for years. The Board elected to have tennis court related items removed due to recurring abuse and vandalism. The costs of repair and replacement became prohibitive. At that time, owners wanted to have the court area available for basketball. After spending a considerable amount of funds for a new goal approximately every month or so, again due to abuse and vandalism, the last goal was removed. The Board stands as follows: If any owners/residents would like to band together and propose a use for the area, which use they are willing to independently raise 50% of the funds for if approved by the Board, the Board would contribute the remaining 50% on a once annual basis only – no additional cost for repairs and replacement due to abuse. The proposed use would have to be presented to the Board at a monthly meeting and approved first.

Thank you,

Good comments.

1 - Unknown is whether or not JeniferB's CCRs etc are legally sufficient to back up what the Board is doing & claiming.

Or even that the Board actually has legal 'vires'of its own, or how good is its proof beyond website ads. Or exactly what is the limit of their potential 'weapons', if in fact it has lawful power over her.

2- Doing the Airbnb & "honouring the last commitment" seem to have got her an outcome "summoned to judgement' within short months.

Guessing as first-timer, her choices quickly got her to a cross-roads with her neighbours.

Posters here who deplore what they claim is inaction/under-enforcement, may be envious of how JeniferB's Board responded presumably even during seasonal holiday times too . . .

3 If it is possible for her to avoid years of bad feeling, I think she would be well served to know the legalities there & have someone available to get her out of deep water.

Some bitter disputes have started from harmless looking scenarios. Hopefully the whole thing can be de-escalated.

The SIGNED FOR deed referencing the CCRs is a matter of public record.

Said document PROVES the owner was notified of the CCRs (even if, in the 'glow of purchase' they ignored to read what they signed).

I was 'brought up' in the public school system of a major metropolis and CLEARY remember being taught time and time again: Read it before you sign it.

That is the same place I was taught the Western business principle of: Caveat Emptor

Not quite sure what a 'grant deed' means.

? equivalent to 'quit claim' ?

Not worth the cost of the paper.

The 'acceptor' either had a fool for an attorney or represented themselves (same thing).

Therefor:

"Dirty" deed

or

no CCRs exist.

A 'warranty' deed MUST state easements and restrictions, or at least reference them.

Else fraud rising to the felony level on the part of the seller.

At least in the civilized world.

ps. Please remit spell checker's mailing address

pps.

Significance of a Warranty Deed

By signing a warranty deed, a seller guarantees that he has full title to the property, is competent to transfer the property and that the property is is not burdened by such encumbrances as liens, leases or rights-of-way other than those disclosed in the deed. The seller also guarantees that he will defend the buyer against anyone who attempts to claim title to the property and to fix any errors that might be found regarding the property title.

Function of a Quit Claim Deed

A quit claim deed is a statement of release of whatever interest the seller may have in a piece of property. It states that the seller is uncertain what her legal interests in the parcel may be, but to the extent that such interests exist, she is releasing those interests to the buyer. In using a quit claim deed, a seller is not guaranteeing that she owns the property.

Where Quit Claim May Be Necessary

A quit claim deed may be the only legal means of transferring real estate that has a title defect. A lien by a defunct business or an easement granted to a party who can not be found are two common situations where transfer by quit claim deed is the only practical means to convey the property. Some real estate owners may be able to bring action in civil court to cure title defects so they can offer a warranty deed. Depending on the nature of the title defect, this can be expensive and complicated.

IN ANY EVENT:

CAVEAT EMPTOR ~~ LET THE BUYER BEWARE

Pita said:

Said document PROVES the owner was notified of the CCRs (even if, in the 'glow of purchase' they ignored to read what they signed).

I agree with what he said.

How many times do we hear I did not sign, I do not remember signing, etc.? Excuse after excuse.

I have a stack of grant/warranty deeds with NO reference to CCRs or an HOA.

"It's always easier to get forgiveness than permission". Whenever a person starts deflecting attention to other violators/violations it tells me that they know they are "guilty" and are trying to take everyone else with them. If Johnny jumped off the bridge.....................

Realtors in NC are responsible for making sure their buyers receive the necessary documents. Closing attorneys bear responsibility also. I wish I had a dollar for every time I've heard "I didn't get the documents".....equivalent of the dog ate my homework.

How true..

These important documents should either be signed as received individually or certified with a list of documents enclosed.

And then the "john doe" is also in violation which offers no relief and excuse. Plus no other resident has any privileged info on what actions have been taken on another resident and should not have info.

I get the problem and the need. I would suspect if requested on a hardship basis there may be some language or consideration for some short term rental but there would also be a limited time. Short term rentals serve to destroy property quickly.

The By-Laws may spell out the rental restrictions and the rules may reflect that.