Short term rental problems cont'd

I have posted a couple times about our inept board and one newer neighbor who has decided that the bylaws don't apply to him and has added rooms to his home in order to rent to SIXTEEN PLUS people on airbnb.com.

The BOD consulted a local small town attorney who said it was fine, even though 1) the membership voted years ago that STR's weren't allowed and 2) the bylaws specifically say they aren't. AND issued a threatening letter to the BOD if he isn't allowed to rent, they must purchase his home.

We paid for our own attorney who issued a letter with references and the opinion that STR's are NOT allowed according to the bylaws. He told us that the other attorney apparently hadn't read ALL of the bylaws, especially the parts where 1) accdg to twp and county deed restrictions property is for single family use, 2) bylaws state no renting under 30 days and 3) IF you rent, you must follow bylaw rules and twp regulations. Neither of which he does.
Twp. regulations state you must register, be inspected and approved to rent. Which he hasn't done.

He got himself on the BOD and refuses to recuse himself from any STR discussion or vote. Brought along two of his buddies (more new neighbors) to get them on the BOD as well. That vote is in August.

The BOD voted to "stop discussing the issue and grant him a waiver" at the last meeting.

Well, NOW there are THREE STR's on airbnb.com on our street. Yep, his two buddies did it as well.

NOW WHAT?? I'm seriously ready to move.
But I'm a fighter. And I need your experienced advice.

We're in Michigan and there are no covenants, just bylaws.
The township went after the first guy, we're waiting to see what happens with that.
Otherwise, very small town and not many people care.

If your governing documents don't restrict short term rentals, then I don't see how the board has any authority to limit them. The next place to look would be local municipality laws, and it sounds like you've already done so. If that doesn't provide any relief...

...then your next step is to ask yourself how much you enjoy conflict and turmoil. Personally I have no appetite for such things, and I'd be looking at the likelihood of more sort term rentals, which will start to affect the desirability of the community and the value of my home. In my books that's a no brainer, but you may see it differently.

You could have the ability to sue your neighbor directly and not involve the HOA for violating the rules. If this limitation is spelled out directly, it is a contract not only between that Homeowner and the community, but between each neighbor. Take him to court for not following the rules that infringe on your enjoyment of the neighborhood.

Well, the bylaws wouldn't be expected to have anything in them regarding fines. That should be covered in one of the other governing documents, e.g. CC&Rs, Declaration of Covenants, Deed Restrictions, etc.

CAT

Governing docs must give the right to fine. The Association then has to have a Fining Schedule versus be capricious in fining.

Thanks John. For some bizarre reason, ours have no fining schedule at all.