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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience:  25 years of experience in general practice, real estate law and estate law.
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Can I run an Airbnb at my home when no actual business transaction

Resolved Question:

Can I run an Airbnb at my home when no actual business transaction takes place at my home. It is completely on line at their site. There is no sign outside my house. I do not receive any mail in any business name at my house. The only thing I do is receive guests and host them for 2-3 days and after they leave, I receive a direct deposit to my savings account in the form of and ACH deposit.

My homeowners Assoc. says I am in violation of assoc rules by running a commercial business out of my home? Again I state no money exchanges hands under my roof. They asked me to cease and desist from running a commercial business from my house. Can you advise me if I am doing so?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.


Can you attach a copy of the section of your governing documents that the HOA states you are violating?

Customer: replied 10 months ago.

I do not have it scanned into my computer......It just simply states no commercial business may be run from any lot in Bay Oaks. Again I do not have any signs indication that this is a Bed and breakfast ....It is only on Airbnb web site. If you need me to I will type the exact verbage of section 16 for you. The Rules also state you cannot sublet your house meaning the entire house. Also I am and my partner is also always here when there are guests in the house.

Expert:  Attyadvisor replied 10 months ago.
Airbnb is a business that connects hosts with renters. Even though you are not receiving compensation directly from the "guests" in your home you are receiving compensation.

That being said, it is important to know the exact wording to check for any loopholes.


Just out of curiosity how did the HOA find out this was occurring? What proof do they have?
Customer: replied 10 months ago.

A neighbor found and copied the web site and presented it to the HOA stating that they believe were running a commercial business at our home. Again I will state all transactions take place on line ....we simply accept, host and entertain them here. I work part time at Lowes and receive my direct pay ACH direct deposit....Does that mean Lowes is conduction business from my residence too?

Customer: replied 10 months ago.

# XXXXX


No commercial activities may be engaged in on any lot in Bay Oaks. No noxious, offensive or illegal activities shall be conducted on any lot in Bay Oaks nor shall anything be done on any lot in Bay Oaks that shall be or become an unreasonable annoyance or nuisance to the neighborhood. No advertising sign shall be permitted upon any lot in Bay Oaks that exceeds eighteen inches by twenty four inches in size and no more than one such sign be permitted at any one time.

Expert:  Attyadvisor replied 10 months ago.

Thank you for the language.

Commercial comes from the term commerce.

A commercial transaction/commercial business is the exchange of goods or services for remuneration. There is no requirement that you have signs or receive business mail to be considered commercial.

There is no requirement that you be paid under your roof.

The question becomes whether you provide a service by allowing people to stay at your home.

Do you provide any services for which you receive compensation to Lowes from within your home?

I am on your side; I don't want the HOA to interfere with your use of your property. Unfortunately, based on the language in your governing documents they have grounds for citing this as a violation.

I know that this is not the answer that you were hoping to receive. You may wish to suggest resolution to the governing documents that would allow this type of arrangement to occur without being considered a violation.

Customer: replied 10 months ago.

so even though all transactions take place on an internet site and not in my home I would be considered in violation? I would also like to ask if this would include renting a room in my home to someone through an ad in a news paper?

 

Expert:  Attyadvisor replied 10 months ago.

The distinction is the fact that you provide a service within your home.

Trust me I would much prefer to give you the answer you wanted to receive. HOA's were designed for the purpose of keeping up property values. The intent was to be able to fine a property owner for not taking care of their property and causing the value of neighboring properties to fall. The concept was great.....

I don’t want anyone telling me what I can do inside or outside of my home.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3614
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 10 months ago.
Thank you.

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