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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24882
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I own a home in an HOA. I rent out my home term

Customer Question

I own a home in an HOA. I rent out my home for short term vacation rentals. I recently reviewed the CC&R's and saw a statement that read; under Article lll "Restrictions Affecting Property", Section 3.01, letter (l) 'No Parcel shall be used for transient, hotel or Bed & Breakfast facilities'. Am I breaking the CC&R rules?
Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. Does the CC&R's require you to inform the HOA if there is a lease to your property? Do you know if they allow month to month leases or require a year lease? I am inclined to believe there is another section that may apply to rental property.
Customer: replied 1 year ago.
I don't know. I have not seen a rental section. I'll scan it now
Expert:  RealEstateAnswer replied 1 year ago.
ok
Customer: replied 1 year ago.
I didn't see anything regarding rentals
Customer: replied 1 year ago.
are you still there????
Expert:  RealEstateAnswer replied 1 year ago.
Yes, I am here
Expert:  RealEstateAnswer replied 1 year ago.
You may have a problem. The reason why I say this is because they can certainly say the rental is transient, seeing how it is being rented for a short term and thus in violation. Typically, an HOA will want a fixed lease term, of a year or more and sometimes, will actually restrict anything less. If is on the HOA to address this if they find out and if they do, they would first provide you with a notice of the violation and ask that it cease and then if it continues, impose fines.
Customer: replied 1 year ago.
But I do not see any section that pertains to rental time frames; long term or short term?
Expert:  RealEstateAnswer replied 1 year ago.
Typically, there is one. If not, then there are not rental restrictions in place BUT the section you quoted MAY give them the power to prevent and enforce this, since it is short term. That is the definition of transient and the same word you used to describe these rentals, so if they are for a week or two, it could bean issue if they find out.
Customer: replied 1 year ago.
ok thank you
Expert:  RealEstateAnswer replied 1 year ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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