Short Term Rentals within HOA that are prohibited

Started by MaryL19 • 7 replies • 269 views

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MaryL19 (Arizona)
Posts: 1

Posted:

If a homeowner within an HOA condominium community in the state of Arizona (through ignorance) violates the CC&R's and has a short-term month-to-month room rental that goes bad, is the Month-to-Month Room Rental Agreement voided between Tenant and Landlord? With the tenant no longer being held responsible for her signed agreement?

Thank you!

DouglasK1 (Florida)
Posts: 2,046

Posted:

The HOA is not a party to any contract between an owner and tenant and can not change/cancel that contract. If the CCRs are being violated, the association can enforce against the owner. If the tenant is violating the CCRs, it is up to the owner to bring the tenant into compliance. These are general rules and details could vary depending on the wording of your CCRs, the wording of the lease, and local and state laws.

Escaped former treasurer and director of a self managed association.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Disclaimer: I'm not a lawyer.

Since this is a month-to-month lease, there is no need to void the lease - it simply won't be renewed after the normal violation process takes place (notification of homeowner, time for the owner to attend a hearing, then a final decision and any penalties). If the owner does not cooperate and refuses to terminate the lease, then it's time for other options.

FWIW, in many states the HOA is not a party to a lease and would have no authority to void it - that action would have to come from the owner of the home. On the other hand, there may be language in your CC&Rs giving the HOA the right to evict a tenant. If so, read the CC&Rs rental restriction - that's where it should address this. Also read any section that talks about remedies against violations - there may also be something relevant there.

TerriS6 (California)
Posts: 3,284

Posted:

So the renter is only renting a room in your unit month to month? It’s not a short term rental, i.e. fewer than 30 days rental of a whole unit?

LetA (Nevada)
Posts: 2,679

Posted:

Are you referring to STR's as popular websites to rent a unit for the weekend?

It could very well be that the renter in this case had a long-term lease and that lease expired
now the renter is month to month until they vacate or served notice to quit.

In the meantime, if there are any violations of the covenants and rules, deal with those issues only.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Our association governing documents require that the owner gives the Board a copy of the lease agreement. We do not allow rentals or VRBO's etc.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By MaryL19 on 01/29/2024 12:41 PM
If a homeowner within an HOA condominium community in the state of Arizona (through ignorance) violates the CC&R's and has a short-term month-to-month room rental that goes bad, is the Month-to-Month Room Rental Agreement voided between Tenant and Landlord? With the tenant no longer being held responsible for her signed agreement?

Thank you!

If there is an agreement, the owner is on the hook and would have to attempt to legally evict the tenant, which is going to be impossible if the tenant is trying to pay the rent and the owner is refusing to accept the rent.

MichaelS56 (Minnesota)
Posts: 859

Posted:

This would be a good time for the Board to review their governing document that pertains to lease expectations and update them using a lawyer. We updated ours because we were concerned about outside groups buying up the units and then renting them. The vote to update this section to the governing document was 80-1.

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