HOA Violations

Started by KapsL • 7 replies • 1156 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KapsL (California)
Posts: 6

Posted:

hi -

As a part of our cc&r we do not allow Air bnb or any short term rental less than 6 months. One of the residents continues violating this rule, with all sorts of excuses calling the weekend renters as his extended family, or his friends etc etc

How can we enforce this rule, he seems to talk out of it everytime. Also we have defined scheduled fines, but he never agrees to pay them

thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well isn't that just the "Rub". Smart homeowner... Sorry but have to say it. That is because found a loophole. You can ban all you want but can you punish? Seems time to incorporate a proper fining schedule... Which does need to be distributed to ALL members.

BTW... May want to find out in your state if you can make fines turn into liens. Many states you can not lien for Fines. So fines can be pretty much non-enforceable. Plus need to make sure they are in legal limits.

Time to do research...

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

As you are finding out that is a difficult provision to enforce. My question is what do your local government ordinances require??? In my area the owner would need to apply for a "Conditional Use Permit" ... so the City would know they need to look for future lodging taxes. These are approved by the Planning Commission and then the City Council. It gives HOA's an opportunity to state to the local government that allowing would violate their CCR's.

Sometimes think outside the HOA box ... If violating local ordinances turn them over to the local government to pursue.

RichardP13 (California)
Posts: 3,868

Posted:

My former HOA currently has a rental situation I have been asked to help with. A former Board member and friend of the current President posted on NextDoor they have a room to run for $875. They already have another person renting another room. The vice President is the moderator of the NextDoor group and is doing nothing.

Today I sent the IRS and State Tax Board a letter asking them to look into if that income is being reported. Don't think the homeowner is going to be too happy.

RichardP13 (California)
Posts: 3,868

Posted:

BTW...California does not allow liens on fines.

TimB4 (Tennessee)
Posts: 21,062

Posted:

You are now at the point of having to take the issue through the courts to seek an injunction.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kaps

Your BOD need to grow a set and get your lawyer on the violator.

KerryL1 (California)
Posts: 14,550

Posted:

You do call him to a hearing every time he violates, right, KapsL? You follow our legal procedures in CA, right? Your evidence is copies of the ads, right?

How much is your fine for short-term rentals? Or is it that your docs forbid renting out rooms? In other words, what IS the violation as in your documents? Also what fine do you charge for this violation?

If he refuses to pay the fines, do your docs permit you to removed access t your recreational amenities (if you have any)? that works for us pretty well?

Our fine for short term rental, btw, is $1,000 because it's easy for an owner to get at least that for a weekend in our high rise that's near a lot of sites that folks want to visit.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here