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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53954
Experience:  Attorney with 29 years of experience.
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I have a hearing with my hoa today regarding me having

Customer Question

I have a hearing with my hoa today regarding me having airbnb.com guest this would b my second warning need some legal advice
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

How can I help?

Customer: replied 1 year ago.
Hello I have my second hearing with my hoa today about me viloating my right to use airbnb.com
In my house. They have no proof that I'm doing airbnb but they are accusing me
Customer: replied 1 year ago.
What are my rights
Customer: replied 1 year ago.
my hoa only permits 30 renting not nightly so they are saying I'm doing nightly but they have no proof
Expert:  Richard replied 1 year ago.

Thanks for following up. The HOA is going to have the burden of proof. So, unless they can prove that you are violating their restriction, they are not going to impose any fine upon you. Furthermore, even if they have proof, there are two circumstances where their right to enforce their restrictions would be lost...i) where the restrictions have been ignored in the past, and/or ii) where the restrictions have been selectively enforced. If, in spite of the restrictions, if there are other instances where the situation exists that should fall within the restriction, then one of the foregoing must have occurred, and thus the HOA cannot then legally enforce the restriction against you.

Expert:  Richard replied 1 year ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
What should I tell them
Expert:  Richard replied 1 year ago.

I would tell them you have not violated their restriction and if they think otherwise, they will need to prove it as the burden of proof is on them.

Customer: replied 1 year ago.
this my second warning does this matter
Customer: replied 1 year ago.
I was doing airbnb a few month ago and I adjusted my listing to 30 days since that what is allowed.
Expert:  Richard replied 1 year ago.

It does not change anything. The burden remains on them to prove a violation. If they try to impose any fine without proof, let them know you will be filing suit against the board and each of the individual board members for damages.

Customer: replied 1 year ago.
I did have a guest hit my neighbors car and the guest told them they are with airbnb with me. That's where this hearing is coming from
Expert:  Richard replied 1 year ago.

Unless that guest is there to testify or they have an affidavit (or know the identity of the guest so they can get one), they're not going to use this against you.

Customer: replied 1 year ago.
They do have his information because they had to exchange insurance information do they have the right to call him?
Expert:  Richard replied 1 year ago.

They do have the right to contact him, yes.

Expert:  Richard replied 1 year ago.

But, he's not likely going to be interested in getting involved in this. Or, to sign any affidavit.