A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
šŸŽ 1st year FREE for HOATalk members! ā†’
ā† Return to Topics List

Tenant having 'guests' who rotate through

Started by JamesC32 ā€¢ 8 replies ā€¢ 92 views

šŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account ā†’

āš” Takes 30 seconds

Already a member? Log in

JamesC32 (California)
Posts: 20
Posted:
Documents state that units are 'for residential use'. This tenant (owner is father through a family trust) has recently had a rotating group of people who 'stay' at the unit for a day or so. Not sure about the actual amount of time spent, but it means sometimes up to four additional cars w/ traffic in and out of people who don't 'live' here. Zoning laws allow up to 5 unrelated people to live in a unit, but it seems that because the condos are a private group, city zoning would not apply here? The guess is that this tenant is 'helping out' people who need a place to stay, but it's unclear why there are several of them, and why they only stay a day or so. Ideas about how to approach this stretching of the intended use of these condo units?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Who said that the zoning laws do not apply? If it was not the zoning office, contact the zoning office directly.

Are they operating a short-term rental facility? Check the rental sites to see if the property is listed.
BillD16 (Texas)
Posts: 971
Posted:
Iā€™m in Texas, not California. The Texas Supreme Court made a ruling in 2018 regarding short term rentals that endorsed an extremely open definition of ā€œresidential useā€. Iā€™m gonna guess that California holds a similar view.

You say you donā€™t know why these people are staying there? Maybe the tenant has an extremely active sex life?

While I can sympathize about the parking issues, I mostly think you should mind your own business.

Bill
HOA Board ex-President
Austin, Texas USA

ā€œYou canā€™t put too much water in a nuclear reactorā€
JamesC32 (California)
Posts: 20
Posted:
Quote:
Posted By TimB4 on 05/26/2026, 1:27 PM

Who said that the zoning laws do not apply? If it was not the zoning office, contact the zoning office directly.

Are they operating a short-term rental facility? Check the rental sites to see if the property is listed.

Sorry, I wasn't clear. Our governing documents do not allow short term rentals (must be 60 days or longer, etc.) It would seem that, because we are a private piece of property, our governing documents in terms of 'rentals' would supersede any county/city zoning laws.
KevinN3 (Minnesota)
Posts: 1
Posted:
Quote:
Posted By JamesC32 on 05/26/2026, 6:38 PM


--------------------------------------
Quoted Post:
Posted By TimB4 on 05/26/2026

, 1:27 PM

Who said that the zoning laws do not apply? If it was not the zoning office, contact the zoning office directly.

Are they operating a short-term rental facility? Check the rental sites to see if the property is listed.
--------------------------------------

Sorry, I wasn't clear. Our governing documents do not allow short term rentals (must be 60 days or longer, etc.) It would seem that, because we are a private piece of property, our governing documents in terms of 'rentals' would supersede any county/city zoning laws.

Governance documents almost never supersede city/county zoning -- or any other -- laws.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By KevinN3 on 05/27/2026, 5:06 PM


--------------------------------------
Quoted Post:
Posted By JamesC32 on 05/26/2026

, 6:38 PM

--------------------------------------
Quoted Post:
Posted By TimB4 on 05/26/2026

, 1:27 PM

Who said that the zoning laws do not apply? If it was not the zoning office, contact the zoning office directly.

Are they operating a short-term rental facility? Check the rental sites to see if the property is listed.
--------------------------------------

Sorry, I wasn't clear. Our governing documents do not allow short term rentals (must be 60 days or longer, etc.) It would seem that, because we are a private piece of property, our governing documents in terms of 'rentals' would supersede any county/city zoning laws.
--------------------------------------

Governance documents almost never supersede city/county zoning -- or any other -- laws.

That depends on the meaning of "supercede." Example:

A city ordinance restricts fence heights to eight feet.

A HOA restricts fence heights to six feet.

A HOA member wants to build a seven foot fence. Can he so do lawfully?

No.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By JamesC32 on 05/26/2026, 5:38 PM

Our governing documents do not allow short term rentals (must be 60 days or longer, etc.) It would seem that, because we are a private piece of property, our governing documents in terms of 'rentals' would supersede any county/city zoning laws.

In Calilfornia, I expect the bigger concern is Civ Code 4741 (a) and (c). The davis-stirling.com site is interpreting the latter statute section to be saying that HOAs must allow rentals longer than 30 days. See https://www.davis-stirling.com/HOME/S/Short-Term-Vacation-Rentals

Regarding the zoning law limiting the number of people living in a unit: I do not see why it would not apply.

There can be HOA restrictions and city restrictions that both apply at the same time, ya know. If there is a genuine conflict between the two entities, then the city's restriction prevails. Here I do not see a conflict.
NA1 (Massachusetts)
Posts: 190
Posted:
Quote:
Posted By ElleN on 05/27/2026, 7:24 PM


--------------------------------------
Quoted Post:
Posted By KevinN3 on 05/27/2026

, 5:06 PM

--------------------------------------
Quoted Post:
Posted By JamesC32 on 05/26/2026

, 6:38 PM

--------------------------------------
Quoted Post:
Posted By TimB4 on 05/26/2026

, 1:27 PM

Who said that the zoning laws do not apply? If it was not the zoning office, contact the zoning office directly.

Are they operating a short-term rental facility? Check the rental sites to see if the property is listed.
--------------------------------------

Sorry, I wasn't clear. Our governing documents do not allow short term rentals (must be 60 days or longer, etc.) It would seem that, because we are a private piece of property, our governing documents in terms of 'rentals' would supersede any county/city zoning laws.
--------------------------------------

Governance documents almost never supersede city/county zoning -- or any other -- laws.
--------------------------------------

That depends on the meaning of "supercede." Example:

A city ordinance restricts fence heights to eight feet.

A HOA restricts fence heights to six feet.

A HOA member wants to build a seven foot fence. Can he so do lawfully?

No.

not always - if local ordinance says the owner has the right to build an 8 foot fence regardless of the association's bylaws, then the owner can. Example is right to charge, which we have, and solar access laws.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By NA1 on 05/31/2026, 6:51 AM

not always - if local ordinance says the owner has the right to build an 8 foot fence regardless of the association's bylaws, then the owner can. Example is right to charge, which we have, and solar access laws.

Quote:
Posted By ElleN on 05/27/2026, 5:38 PM

If there is a genuine conflict between the two entities, then the city's restriction prevails.

šŸŽÆ You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • āœ“ Ask follow-up questions
  • āœ“ Share your experience
  • āœ“ Get expert advice
  • āœ“ Access 350,000 discussions
Create Free Account ā†’

āš” Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement