Short Term Rentals

Yes, again ....

Same homeowner - still doing the Air Bnb thing. Without going into details, it was dealt with and homeowner agreed she wasn't going to do it anymore.

Well, she is still doing it. How do I know? Because I see her ad on the AirBnb.com website and the posted calendar that she is actually reserving specific days.

My question is - can we fine her on the basis of she "may" be renting out a room as a short term rental based on what is seen on a website? Is that enough proof to fine someone? Part of me feels like this really isn't "proof". She could have reserved dates, but people could cancel at the last minute. She actually had some of those, too. I feel like the only way we can actually prove something is if we create an identity, go online and reserve ask about reserving something, but wouldn't that be entrapment?

Linda,

This is not a criminal matter. The proof required is merely a preponderance of the evidence. The fact that she is still soliciting short-term rentals via Air Bnb is sufficient proof that she has no intention of discontinuing her activities. Follow Tim's advice and print that ad each day. Forget the cloak-and-dagger spying and take whatever action you need to.

if Linda is on the coast there is an interesting 'public interest' court ruling

Pita ... not on the coast.

Kerry our covenant states rentals must Bo 31 days or more with required lease contract

I will copy the listing and go from there. Thanks!

Large fines! As in more than she is getting per night on her room rental.

Your HOA needs a defined fining schedule before they can issue fines. There are laws against the amount one can fine for in each state. Each state is different. Best to find out what penalty limits are in your state. Make sure your HOA does have the right to issue fines as well. It has to be stated it has that ability. Which is why one needs a fining schedule because it never says the dollar amounts, limits, or what for. You can't just randomly create an amount out of thin air.

Does your HOA require a copy of the lease agreements? How does your HOA actually monitor rentals? If you were to take this to court, one would have to have more evidence than an advertisement online. Your HOA isn't being "damaged" beyond a rule violation. The court may just uphold the rules of not allowing such rentals. Don't expect compensation.

BTW. Fines can not be the basis of liens/foreclosure in many states. Basically, your HOA can fine till the cows come home and the owner can walk away. So your HOA may need to consult a lawyer on making fines stick. Some HOA's apply the money collected not to dues but to the fines. That way it appears the owner is behind in dues which is subject to liens/foreclosures. It's a bit underhanded if you ask me. However, it is a practice some HOA's do use.

Your question to Linda is mine (above) too, Dave. Saying she has "rage" fines, does mean they are written, etc. as needed in CA.