SusanG12 (Florida)
Posts: 2
Posts: 2
Posted:
Our rental bylaw are you can rent a minimum of 30 days only 2 times a year. Home owners are renting their houses advertised as AIRBNB for all 12 months, what Florida agency do you report this too
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Board is not enforcing rental bylaws
Started by SusanG12 • 14 replies • 503 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Well what can they do for punishment? Fine? Having the rule is not the same as having ability to enforce the rule. What is the punishment in the fining schedule?
Former HOA President
SusanG12 (Florida)
Posts: 2
Posts: 2
Posted:
what if the board is aware of this and is benefiting from it.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
If you can prove this, complain to 5te board about the violations, and if you're ignored, rally together your neighbors who feel the same way, vote this board out and vote in those who will enforce the rules. Or file a lawsuit against the association, although you might make enemies if most of the neighborhood is going Airbnb.
Too many rentals in what's supposed to be a residential neighborhood has also annoyed me, but money talk and BS walks, so once the rentals have taken hold it can be nearly impossible to slow down. A better approach might be to watch enforcement of rules regarding, noise, trash, parking, etc. Everyone should be able to enjoy their home in peace and homeowners are ultimately responsible for the behaviors of their guests.
If you have an issue with your immediate neighbors, you should try discussing this with them first. It may be necessary for you to sue THEM - if you win and others do the same, that could lead to better enforcement because people don't want to rent to folks who'll cost more money and earn up the profits.
Too many rentals in what's supposed to be a residential neighborhood has also annoyed me, but money talk and BS walks, so once the rentals have taken hold it can be nearly impossible to slow down. A better approach might be to watch enforcement of rules regarding, noise, trash, parking, etc. Everyone should be able to enjoy their home in peace and homeowners are ultimately responsible for the behaviors of their guests.
If you have an issue with your immediate neighbors, you should try discussing this with them first. It may be necessary for you to sue THEM - if you win and others do the same, that could lead to better enforcement because people don't want to rent to folks who'll cost more money and earn up the profits.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Complain to AirBNB, If they get complaints,especially in HOA's they will address it with the host.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By SusanG12 on 05/12/2023 10:40 AM
Our rental bylaw are you can rent a minimum of 30 days only 2 times a year. Home owners are renting their houses advertised as AIRBNB for all 12 months, what Florida agency do you report this too
Our rental bylaw are you can rent a minimum of 30 days only 2 times a year. Home owners are renting their houses advertised as AIRBNB for all 12 months, what Florida agency do you report this too
I doubt that there is any state agency that would be responsible for enforcing your HOA bylaws or CCRs. The FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION (DBPR) does enforce some cases where Florida law is broken by associations (see FS 718 for Condos, FS 720 for HOAs). The governing docs (bylaws, CCRs, etc.) are essentially a contract between the owners, any violation would need to be addressed in civil court (i.e. a lawsuit). Most governing docs give any owner the ability to enforce, so you could sue the offending owners over the violations.
Escaped former treasurer and director of a self managed association.
PatJ1 (North Carolina)
Posts: 568
Posts: 568
Posted:
Florida Law
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By LetA on 05/12/2023 12:57 PM
Complain to AirBNB, If they get complaints,especially in HOA's they will address it with the host.
Complain to AirBNB, If they get complaints,especially in HOA's they will address it with the host.
Do they really? I'm surprised that they would care, or that they would continue to address it after they get a taste of what association boards have been dealing with all this years.
Also trying to see how this would support their bottom line, and failing. The only people who would be happy if Airbnb dealt with the HOA issue are those who live in HOAs, and they will never be hosts (or shouldn't be). The ticked-off former hosts would simply move to a different platform, which means Airbnb would be helping their competitors.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By PatJ1 on 05/13/2023 1:23 AM
Florida Law
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
Florida Law
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
Sounds like it. Some people regard fines as the cost of doing business, and if your state does not permit foreclosure due to unpaid fines the association doesn't even have that fall back option. They could potentially go to something like small claims court.
On the other hand, somebody who's familiar with this sort of violation can answer: does each new guest count as a separate violation? You can make a good case for this. If the place sat empty for a week or two after a guest leaves, isn't that considered a cured violation? If yes, why should it make any difference how big that gap is? There will be one, because the owner has to clean after each guest leaves.
Since the OP is talking about Airbnb, the homeowner could be racking up numerous violations, each of which carries its own fine. I'm sure there have been court cases that shot down excessive fining, but this may not be an example of it.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By PatJ1 on 05/13/2023 1:23 AM
Florida Law
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
Florida Law
Although it cannot exceed $100, a fine can be levied every day that a violation occurs. Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property.
So doesn't this mean that the HO can pay the maximum fine of $1,000 and continue the violation and the violation is never corrected?
The key may be to identify when the violation stops and then resumes. This would yield a new violation (as opposed to an ongoing violation).
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
FS 718 (condos) it’s a max of $1000. FS 720 (HOA) it’s a max of $1000 or whatever your documents say. Ours say $5000. The fine is per occurrence. So if someone was doing an Airbnb it could be multiple fines. For an ongoing issue it’s whatever your fining schedule says up to the max. But once you reach the maximum you either have to prove there’s another incident or you have to get an attorney and start the legal process. We have a case where the owner says he will just pay the fine and we will have to get a cease and does.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
And risk a lawsuit against yourself for interfering with someone's business.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Maybe. But a court will likely consider whether or not the plaintiff (ie, the landlord) signed a contract, of his own free will, that bound him to the terms in the CC&Rs. And if the other party to that first contract has a legal right to enforce the terms.
I'd like to see that play out in real life.
I'd like to see that play out in real life.
DavidG45 (Delaware)
Posts: 994
Posts: 994
Posted:
Quote:
Posted By DouglasK1 on 05/12/2023 8:02 PM
Posted By SusanG12 on 05/12/2023 10:40 AM
Our rental bylaw are you can rent a minimum of 30 days only 2 times a year. Home owners are renting their houses advertised as AIRBNB for all 12 months, what Florida agency do you report this too
Our rental bylaw are you can rent a minimum of 30 days only 2 times a year. Home owners are renting their houses advertised as AIRBNB for all 12 months, what Florida agency do you report this too
I doubt that there is any state agency that would be responsible for enforcing your HOA bylaws or CCRs. The FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION (DBPR) does enforce some cases where Florida law is broken by associations (see FS 718 for Condos, FS 720 for HOAs). The governing docs (bylaws, CCRs, etc.) are essentially a contract between the owners, any violation would need to be addressed in civil court (i.e. a lawsuit). Most governing docs give any owner the ability to enforce, so you could sue the offending owners over the violations.
This. Nobody polices HOAs. If they are not following your bylaws your only recourse is to replace the board or go to court.
RonM19 (Texas)
Posts: 41
Posts: 41
Posted:
One thing that might be helpful in future situations is to implement rental restrictions in the CCRs or policy. For example, you can require rentals to pass a credit check with a minimum score, pay a $1,000 deposit and the first and last month's rent, with a minimum of a 12 month lease. Something like that. This would help deter the riff-raff from moving in. There may be other requirements as well. Maybe a minimum age, for example - we had a situation once where a house was rented by 4 or 5 local college kids who partied almost every night. Just a thought.
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