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JdW (Texas)
Posts: 40
Posted:
Has anyone had experiences with HOAs that currently allow or recently modified their Declarations to allow short-term rentals?

This seems fraught with problems at first blush. My condo has more and more AirBnBs but the management company isn't actively doing anything about them even though the Declarations forbid rentals under 30 days. There is now a small group of these owners who want to change the Declarations to legalize them.

On the face of it, this seems like it would cause profound changes with getting master condo insurance and with association management. Given the prime location and the size of units that are ideal for short-term stays, the entire complex would probably become a "condo-tel" within a couple of years. Unit prices and higher dues due to insurance and other costs would likely make them economically unviable except as a motel unit.

Thoughts or experiences on this matter?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JdW on 06/10/2023 11:24 AM
My condo has more and more AirBnBs but the management company isn't actively doing anything about them even though the Declarations forbid rentals under 30 days.
This is the board's fault.

The trend seems to be towards amending Declarations to restrict STRs, not allow them.

Better act fast. The more condos owned by STR landlords, the lower chances of amending the Declaration.

This topic comes up here a lot and has received much treatment in the courts and by the media, especially lately with the wild ride of the housing market, with crazed investors believing there will be a housing shortage.
KerryL1 (California)
Posts: 14,550
Posted:
If you're on the board, JD, place an item on the NEXT open meeting agenda asking the board to vote to DIRECT management to start enforcing your declaration immediately.
You do have enforcement policies, calls to hearing. and fining schedules in place in your governing documents, right? That comply with Texas statutes, right?

Place an item on the agenda, too, to vote to raise the penalty to enforce STVRs (Short Term Vayca Rentals) effective immediately. Your docs or TX law may limit you; I don't know. Is it correct the Board has the authority to do that?

As crazy as it might sound, our HOA initiated a $5,000 fine for renting a condo for less than 30 days. In my high rise 'hood, loaded with sports, cultural and entertainment venues, and a large Bay all within EZ-walking 6 blocks, most condo buildings have fines from $2,000- $10,000 for STVRs. In a vacation resort area, I've never heard of an HOA that wants to make STVRs easier to be permitted!

Related: What % of voters is required to amend your CC&Rs? What % of owners do you guess are doing STVRs? What is the process they must use to get their desires on an actual ballot to present to voters?

Yes act very fast. I think Ellen meant to write "The more condos owned by STR landlords, the higher (vs. "lower") chances of amending the Declaration. Your CC&rs currently limit rentals to a minimum of 30 days, but word might be getting out that your Association, i.e., your Board is not enforcing it.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Allowing STRs would require an amendment to the CC&Rs that is approved by a majority of homeowners, and often a super-majority of 67% or 75%. So it's by no means a done deal if only a small group of owners want this. Educate the community before any amendment is attempted, because some states forbid "campaigning" by the board or association attorney.

What percentage of your homes are currently rentals? There seems to be a sweet spot beyond which the community is no longer able to control rental numbers (because of the above).

You're right to be concerned. Lenders shy away from communities with too many rentals. Buyers can as well. There are real benefits to living in a community that is mostly owner occupied, and property values can drop as a community becomes less attractive to those buyers. If you have amenities such as a pool or clubhouse, at some point these will probably have to be re-classified as public and will need to be ADA-compliant - if they aren't already, you may have to renovate which everyone will have to pay for just in order to benefit this small group - so be sure to include this expense in the reasons why this isn't a good idea. (Ask the association's attorney about ADA and public facilities.)

If you're lucky, either your CC&Rs or your state laws prohibit commercial use of condominium property. Or your zoning laws may have something to say. A number of courts have held that STRs are commercial since they often require the owner to have a business license and pay lodging tax. One judge's reasoning for this ruling is that, unlike with traditional rentals, someone staying in an STR can't claim to actual live there in any reasonable interpretation of "live" - the person doesn't list the STR as their permanent address, they don't receive mail there, and the bulk of their personal belongings are elsewhere. This interpretation of commercial isn't universal, though.

If all else fails, I recommend that boards make the economics of rental property work against the owners. Many operate with pretty thin margins, and if they spend more than they're taking in, they don't have a viable business. So yes, enforce your CC&Rs, especially and including nuisance restrictions. Fine the owner for all violations. Call the owner to hearings for each violation. Convince the owner that he won't be able to just kick back and rake in the dough while everybody else pays the price.

KerryL1 (California)
Posts: 14,550
Posted:
I agree with e everything Cathy wrote EXCEPT: "If all else fails, I recommend that boards make the economics of rental property work against the owners..... So yes, enforce your CC&Rs, especially and including nuisance restrictions. Fine the owner for all violations. Call the owner to hearings for each violation. Convince the owner that he won't be able to just kick back and rake in the dough while everybody else pays the price."

Do not wait until anything else happens. Enforce the CC&Rs about short-term rentals, and, with Cathy, any other violations that occurs. If your PM refuses to act--are letters to alleged violators part of their contract?, the board may want a board member to follow your procedures. It's really important that your Board not tarry in this situation.

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