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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My HOA has fined me after 2 years $3,000 term leasing

Customer Question

My HOA has fined me after 2 years $3,000 for short term leasing using AirBNB and HomeAway in the San Diego Gas Lamp District. Do I pay it or fight it?
Any help would be greatly appreciated
R***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question, Randy. Please permit me to assist you with your concerns.
That depends. Do your CC&Rs or bylaws have language barring either commercial activity or leasing without permission of the HOA, or leasing outright? If either of those exist then they have you dead to rights and you are likely better off paying it. On the other hand if there is nothing that explicitly bars your right to lease, then you may want to review the language and challenge their fines. Typically HOAs can only fine if you actually violate their regulations, and therefore if nothing exists that bars this practice, you are likely able to challenge their fine as invalid.
Sincerely,
Dimitry, Esq.

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