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GerryW1 (Florida)
Posts: 129
Posted:
This is a good one. We have a very strict 180 day minimum rental policy (county and association). Several homeowners are using their condos for charity and fundraiser donations for anywhere from days to a few weeks usage. It is like a revolving door hotel, with a minimum of 2 different couples or more per month. I'm not sure if the Homeowners are actually taking a charitable donation tax deduction, but they seem to be for legitimate organizations or religious affiliations. Any ideas will be appreciated. Thanks
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am unclear on how they are renting out their homes as "Charity". The HOA due do become a tax write off as a maintenance expense if RENTING. They do NOT write off if it is your full time residence. So if that is what your referring to then that may be the situation.

If it's a county restriction, then report them to that agency in charge. They have the better resources for enforcement. Otherwise what does your HOA do? Fine?

Former HOA President
GerryW1 (Florida)
Posts: 129
Posted:
Melissa- Sorry that I was unclear. The main issue is the revolving door of unaccompanied guests and rental cars in a small condo development with 180 day minimum rental rules. It’s all the negatives of short term vacation rentals skirting the rules since the condo is donated to various organizations, with bidders or ticket purchasers winning the vacation days. I truly believe the owners are not making any money and have good intentions, but the adjacent homeowners are consistently burdened with new guests, cars, the constant coming and going of tourists, etc. I mentioned not taking tax write off, since if they were, that would make it a clear violation. My question is: would donated vacation time still be considered a violation of a short term rental law since the charity is making money?? Or benefiting in some manner. Just an indirect way of skirting the rental law to me, except with actual good intentions.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GerryW1 on 02/09/2019 5:24 PM

My question is: would donated vacation time still be considered a violation of a short term rental law

This is one you will have to ask an attorney.

Realistically, you will likely have different opinions if asking more then one attorney, and the issue will need to be settled in court.

Loaning the condo out to family or friends likely doesn't violate such a law.

Renting the condo out to family or friends for a weekend would.

You also need to determine how the law defines renting.

GerryW1 (Florida)
Posts: 129
Posted:
Thanks, yes, likely different views and partially objective and subjective. We have house rules that do not allow short term rentals(under 180 days). There is also a rule about unreasonable turnover rate which interferes with enjoyment of other owners. That would be subjective, based on complaints. It's so difficult to legislate and prove, since everyone says they're friends,and the complaints are more related to seeing people come and go all the time, rather than actual noise or physical disruptions.

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