The neverending short term rental saga

Started by CatF • 17 replies • 794 views

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CatF (Michigan)
Posts: 55

Posted:

Here is some background of the drama surrounding our HOA/BOD and John Jerk the AirBnB guy.
http://www.hoatalk.com/Forum/tabid/55/forumid/1/tpage/1/view/topic/postid/256451/Default.aspx#256493

Since this all went down, I resigned from the board since members were getting insulting and arguments were stressing me out. I resigned and said my husband volunteered for my position (they have a hard time getting volunteers). I was told that I couldn't 'appoint' anyone, which I didn't. During that time Tom Jerk quit as did the president. All that's left is the VP, the secretary, the treasurer Ron Jerk and John Jerk.

So this past Saturday was the meeting at which a couple people showed up to join the board. The treasurer is a real piece of work, old crotchety guy who bosses everyone around and has quite a temper. So at the meeting they all decide that they aren't going to allow anyone on the board until the general meeting IN AUGUST. The bylaws state they must have seven on the board and there would've been enough had they allowed folks to join. (But of course, these people weren't part of the 'in' crowd who are protecting JJ.)

THEN they went on to vote to "put the STR issue to rest" and grandfather in JJ.
And guess who voted in favor? Yep, JOHN JERK!! He was asked to recuse, to which he refused. They only had three votes in favor, which to me, doesn't sound like a quorum of the original required seven.
So this guy who's making money running a business out of his home got to vote to grandfather himself in.
SERIOUSLY??
THEN they all decide that they will make every potential buyer come in and meet with them so they can share with them that STRs aren't allowed. Which, according to them and JOHN, they are...
HUH?
OK, so my blood is boiling at this point.
What do we do next?
None of the anti-renters are on the board at this point.
HELP!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Boards are usually allowed to appoint replacements for membership elected directors who leave - they are usually not required to do so.

By resigning you allowed the Board more rein.

You need to organize and vote in more reasonable directors.

Are you very, very knowledgeable of your docs?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Again what is the punishment for STR or too many rentals? That's not defined. By quitting the board you lost your powers you did have to make changes. My recommendation: Get a lawyer if it matters that much to you. You may could report this use of the property to his mortgage company if he has one. They may not approve.

It's a difficult thing to enforce actual rental restrictions in a HOA. The biggest effect it has is for the offering of some loan programs (FHA, Fannie Mae...etc). Also it may be a higher rate for re-finance. Some people say rentals makes the neighborhood look bad. Well that is ramified by holding the owner's feet to the ground on those items.

Former HOA President

CatF (Michigan)
Posts: 55

Posted:

We never have "elections". They barely ever vote on anything in meetings. What I mean is, they decide to do something, everyone's on board, then they change their minds after the meeting.
It's a very "good ole boy" community and neighborhood.
They really are not very smart, or nice, people. That's why I resigned. My mother had died and the vitriol over this issue was overwhelming. Was hoping our like-minded friends, and my husband, would be on the board.
What I really don't understand is, why there are sides with this issue. How does the violator get ON the board, able to VOTE on the issue and others are okay with this??
UGH.

CatF (Michigan)
Posts: 55

Posted:

And no, no punishment for anything.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Cat,

You are avoiding the issue ....

You were in the Board, it resigned because it wasn’t going the way you wanted it to go.

If you want to win, take over the Board ... organize your neighbors, coordinate a special recall meeting for the current Board, and vote in a more appropriate set of directors.

If you, or your neighbors aren’t willing to do the above, then you need to move - or stay angry all the time.

This is a democratic process - sort of the lowest level of a community base political process. Either you work with the process, or you are sniping from the outside.

CatF (Michigan)
Posts: 55

Posted:

I am a bit confused...did you read my post?? I am not sure my question deserves this rude response.

RichardP13 (California)
Posts: 3,868

Posted:

I was thinking the same thing.

RoyalP
Posts: 1,104

Posted:

When the going gets tough, the tough get going.

The woosies, however, quit.

Then they begin the bitch'n and moaning.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm going to re-iterate what I said in a different thread (maybe the initial post of this saga): how much do you love living in your community, and is it worth all of the heartburn and stress you're experiencing?

I agree with the other posters about the difficulty of enforcing a rental cap. I also agree that once you're off the board, you have abandoned your ability to truly affect the outcome of this issue unless you resort to legal action (which is also a crap shot).

I sympathize with the OP, but I'm also a pragmatic soul. Sometimes the best solution is to walk away from a problem and allow natural consequences to educate those who refuse to learn. They'll learn or they won't - but either way they'll have to live with results of their choices.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Cat,

I didn’t mean the response to be rude - I did mean for it to be honest.

You gave up one opportunity to work for change - you resigned because the board wasn’t doing what you wanted. This simply made it easier for them to do those things that bother you the most.

The only way to get representative government - your kind of government - is to recall and/or win elections.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cat

You seem to be a quitter versus a doer. Lead, follow, or get the he!! out of the way.

CatF (Michigan)
Posts: 55

Posted:

Wow. Came for advice and pretty much just got insults.
As I stated: my MOTHER DIED and the vitriol did not stop. Thought my husband could take my seat. They found a way to stop that.
I came to ask if what they've been doing seems above board. I've been on the board for almost a year and got nowhere but frustrated.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I’m sorry, but why would you think your husband could take your position as director?

No one is insulting you, We are all trying to get through to you that there is a process and you need to get smart on it and follow it.

Your mother’s death, while sad, does not matter wrt the board and your HOA.

CatF (Michigan)
Posts: 55

Posted:

And I'm trying to tell there IS NO PROCESS. No voting in members, no protocol, nothing.
That's why I asked y'all.
At one meeting they decide that STRs aren't legal, the next meeting they change their minds.
I can't charge in there and make my case because a day later, they forget what was said.
At the last meeting of the association members, there was no vote for office. It was, "Gee, we're down a member. Who's in?" and all the other members just stayed on.
Seriously, there is no term limit. It's a MESS.

CatF (Michigan)
Posts: 55

Posted:

And I didn't quit because it wasn't going "my way".
I quit because the nastiness was too much to handle.
Yep, I'm weak.

MarkB27 (California)
Posts: 3

Posted:

The City of Los Angeles recently approved"SHARE HOME" short-term rentals.

The new ordinance goes into effect June 1, 2019.

Our CC&R's strictly forbid short-term rentals less than 30 days. I have been unable to get a clear answer from the city regarding the conflict between the ordinance and our CC&R's.

my interpretation is that we are grandfathered in and we can still in force our CC&R's.

Are there any HOAs in Los Angeles that are aware of this new ordinance, and I'm if so how are you dealing with the upcoming date of June 1, 2019?

TimB4 (Tennessee)
Posts: 21,059

Posted:

For those that want a look, here is a link to the ordinance:

Ordinance 185931

Mark,

Typically, city ordinances trump covenants if there is a conflict unless the ordinance defers control (what must be followed) to the covenants.
Taking a brief look, I saw nothing that differed control to an Associations covenants.

Where did you get the idea your Association is grandfathered in?

From my reading, if the owner applies and is approved by the city, they can have short term rentals.

Now, there will be those that disagree and likely propose that the covenants are not in conflict with the ordinance, they are simply more restrictive.
I haven't located any articles that address this issue.
My guess, until someone takes the issue to court for a ruling, or lobbies the city council to clarify the ordinance, there will be issues.

You might want to try to ask your representative what the intent of the ordinance was regarding HOAs.

Hope this helps,

Tim

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