HOA Board Resolutions

Good luck on that. A lot of people would like to have that too. However, as I have been told by a lawyer in the past, unless the HOA owns that property they can't control what the owner does within but external.

It would be better and stronger if your city has laws about short term rentals. They could have more "teeth" to enforce. Plus your still going to have to have a majority approval for the changes. Are a majority of people in agreement or are they the ones who want to rent?

This does need to go by a lawyer. This time it may need a lawyer familiar with Real Estate laws. Any changes to the documents may need lawyer familiar with corporate ones.

This is something your board really needs to discuss with your association attorney. First, foba resident poll and see what they think of short term rentals and what the problems are. (e.g. strain on already limited parking). Have they been able to resolve issues with the renters and/or owner?

You may find you don't have much of a problem that would require an amendment to your documents- at least not now. As for resolutions, you might find it easier to prepare one stating the homeowner is responsible for the behavior of his/her household or tenants in complying with community rules, so violations will be the responsibility of the owner to correct or face the appropriate action by the association, up to and including legal action. That doesn't single out short term rentals, but puts everyone on notice that they need to educate tenants on the rules and respond promptly to complaints.

Jean

It is very common that a BOD will try and establish rental restrictions via Resolution, Rules, etc. Bottom line is they cannot, and if legally challenged the BOD will lose.

Without amending the CCRs, your only option is to see if your local municipality allows STRs. If they don't, let them handle your enforcement.

STR's like airbnb are regulated in Clark county Nevada as well as in the city of Las Vegas and Henderson. Clark County restricts STR's from overlapping and saturated.

Hate to break it to you the camel is in the tent now. The only way to deal with any property violation is to deal with each and every violation as it occurs.
Hold these owners feet to the fire and don't let things go.

BTW what do your covenants say about rentals and their duration? For example our covenants say rentals must be a minimum of 6 months. The Laws on STR's here
allow HOA's to maintain their minimum rental restrictions.

We have a current issue with a "business" being run out of one of our condos (one-story attached with a garage). The owner started collecting donations of food and supplies after the hurricane in September. She advertised on Nextdoor and then started a gofundme. To date she has raised over $10,000 on gofundme and people are constantly dropping off donations. She has helped a lot of people and it's a great thing - except that we are a gated community and it's now four months past the hurricane and her charitable business just keeps getting bigger and bigger. Even non-profits are supposed to be registered in Florida (she is not) and she doesn't have an IRS 501c3 either.

Her neighbors have complained because she lets strangers in the unmanned gate or they just sit blocking the gate until someone else lets them in. This happens multiple times a day. She also let's people in remotely when she's not home. They wander around the block trying to figure out which house it is and have been found in a neighbor's garage and donations have been left at the wrong house.

On Saturdays, when they load up to take the donations out, she has many cars lined up on both sides of the street. This week there were 26 cars. It's a safety hazard because the streets are narrow and emergency equipment could not get by.

She has threatened to call the news media on us because she has been featured twice doing her good work (and it is good work and we all appreciate how hard she works). We had the condo president speak to her (she ignored), then we sent a nice email giving her until the end of the February to find an alternate location (she ignored) so we are asking for her plan to end the business at her home. She has ignored. We are sending her an official violation notice with a two-week warning this week.

Our documents say this about businesses (and we are confident that a court would define what she is doing as a non-profit business). She is violating several parts of this policy.

I also included our paragraph that prohibits short term rentals:

8.2.1 No trade or business of any kind may be conducted in or from a Parcel or any portion of the Condominium, except that the Owner or Occupant may conduct ancillary, “home-office” business activities within the Home so long as:
(a) The existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside of the Home or Condominium Unit (including, but not limited to, signs identifying the business shall not be seen from outside the Home or Condominium Unit, the business use shall conform to all noise ordinances and all noise and nuisance requirements of this Master Declaration, if any);
(b) the business activity does not involve visitation of the dwelling by employees, clients, customers, suppliers or other business invitees in greater volume than would normally be expected for guest visitation to a residential dwelling without business activity;
(c) the business activity does not increase traffic in the Community in excess of what would normally be expected for residential dwellings in the Community without business activity (other than by a reasonable number of deliveries by couriers, express mail carriers, parcel delivery services and other such similar delivery services);
(d) the business activity and all parties related to the business activity comply with all vehicle and parking requirements and prohibitions set forth in this Master Declaration;
(e) the business activity is legal and conforms to all zoning requirements for the Community;
(f) the business activity does not require the Master Association to obtain additional insurance coverage, increase the insurance premium paid by the Master Association, or otherwise negatively affect the Master Association’s ability to obtain insurance coverage;
(g) the business activity is consistent with the residential character of the Community and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents in the Community, as determined in Board of Director’s discretion; and
(h) the business activity does not result in a materially greater use of Common Areas, facilities or Master Association services. The terms “business” and “trade,” as used in this provision, shall have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s Family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor.
8.2.2 The foregoing notwithstanding the use of a Parcel as a public lodging establishment, for Home Sharing, or for Fractional Ownership, or as part of any type of vacation club or program shall be deemed a business or commercial use that is prohibited.

I think you're doing the right thing, Lori. what matters is that her activities, no matter how noble, burden your common area streets and your residents' rights to privacy and peaceful enjoyment of their homes.