VACATION AND SHORT TERM RENTALS

Started by AliceK • 7 replies • 4426 views

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AliceK (Arizona)
Posts: 1

Posted:

We have had a very successsful vacation rental in Peoria, Arizona for 2 years now. We have never had any problems with the neighbors and no complaints that we know of. We take better care of our property than most long term rentals in the area. We rent out to many spring training players and they like to keep a low profile. The CC&R's of our community state that rentals are only for "single family Use" which we are. The CC&R's do not state anything about "leases only long term" or "no shorter than a month" or any of that. Yet, we are getting a letter from our HOA stating that it has come to their attention that we are renting out on Short Term Leases. They say homes can only be rented for "Single Family Use". As far as I know, the definition of Single Family Use is one house per lot. (As opposed to multi-family, i.e. apartments) We cannot find anything in the CC&R's about short term leases not allowed? Plus, our property is very well maintained, we have a landscaper, and we have had absolutely no problems with our rental in the area. In fact, we are good friends with the neighbors next door, and they say that they have never had any problems with anyone staying in our home. MY QUESTION IS, CAN THE HOA CHANGE THE RULES NOW THAT VACATION RENTALS ARE BECOMING MORE POPULAR AND TRY AND SHUT US DOWN? Any advice would be appreciated.

HaroldS (Arizona)
Posts: 906

Posted:

Hello Alice - This "single family use" has been kicked around before on this forum. You might do a search in the upper right hand of the home page. But here is a quick definiton I found on google, alltho referring to a condo, but which seems to support your contention that it is the lot that is restricted to single family use, and not the home itself. In today's world of live-ins, significant others, in-laws, aging parents, children returning home with their children, etc. etc. I think an HOA would have a hard time being subjective about that phrase. The county or city might have restrictions on NUMBER of occupants in a home, but I doubt very much they would get into how those occupants are related. For an HOA to attempt that is way beyond their scope.

Here's the quote:
"Single family residential (SFR) is typically defined in many zoning codes as a single dwelling unit (a single household) per parcel. The phrase in the CC&R is aimed at any property owner wishing to develop a parcel within that zone, NOT THE DWELLER OR HOMEOWNER. (my emphasis) In other words, the SFR zone does not permit the development of apartments or multi-family residences. However, since condos are legally defined as single dwelling residences, they are legal to develop in this zone. Generally you should be able to rent out your condo unless the city's zoning code prohibits or restricts "vacation rental" uses in that zone. To check, look in the "Permitted Uses" section of the zoning code that your condo is located in (probably SFR1, SFR2-3). Or just call the city and ask a planner."

As far as no short term leases: Why don't you ask them for the specific COVENANT they are quoting? If it is not specified in your CC&Rs, I don't think they can add that restrictive of a "rule" without approval of the required percent of owners. That's more than just tweaking the CC&Rs. That has a profound effect on your ability to rent your home. Your area of Arizona will be having the 08 Super Bowl - perhaps close enough to you to rent your home for the week? I unerstand loads of people near the stadium are vacating their homes and renting them for that week at hefty prices. All HOAs can do is contact the owners if there are violations during that time. (Unless they have short term rentals already restricted in their CC&Rs.)
Bottom line, your contract is with the HOA, and you are ultimately responsible for the actions of your renters. That's all the HOA should be concerned with. If your short term renters are violating the CC&Rs, the HOA needs to go thru you for enforcement (or fines.) Unless specifically spelled out in your CC&Rs, they cannot just suddenly decide to restrict short term rentals.
Good luck. Harold

DanaA (Florida)
Posts: 117

Posted:

If there is no specification on limiting short term rentals in your CCRs, then you can continue renting as you do. Be sure and check, though. CCRs run with the land, and even if your association decides to change the CCRs in an attempt to restrict short term rentals, you will be grandfathered in, and allowed to continue with your short term rentals, as long as you own the property. Not an expert, just been reading a lot about rental restrictions lately.

DeborahH2 (Arizona)
Posts: 8

Posted:

If you live in an area zoned for "residential use", the law probably states that this means occupancy of 31 days or more. If you violate zoning ordinances, you are in violation of your CC&R's which say you must abide by state and local laws and ordinances,

GlenL (Ohio)
Posts: 5,491

Posted:

The OP is three years old.

Studies show that 5 out of 4 people have problems with fractions

DeborahH2 (Arizona)
Posts: 8

Posted:

Are you the moderator?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Deborah,

Glen has just pointed out to everyone that this is an old post and has been discussed uber times. Look into the archives for many posts on the subject. He may not be the monitor but we all try to self monitor.

DeborahH2 (Arizona)
Posts: 8

Posted:

Yes, but I would still like to discuss our particular case, so I started a new thread. Thanks

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