Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Can I run an Airbnb at my home when no actual business transaction

takes place at my home...
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?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
11/15/2013
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,734
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

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?

Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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.

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?
Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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 reply replied 4 years 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.

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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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?

 

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
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,734
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Thank you.
Ask Your Own Real Estate Law Question
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,734
7,734 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
As a homeowner in a HOA( prior to 3016 ) do I have a legal
As a homeowner in a HOA( prior to 3016 ) do I have a legal right to HOA gudgets and financials! … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Attorney
7,734 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,257 satisfied customers
A homeowner in carmel South HOA. Recently, I questioned the
I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Attorney
7,734 satisfied customers
I am the President of our HOA and my next door neighbor
I am the President of our HOA and my next door neighbor built a shed without approval. He refused to make appropriate changes . And the Board had to go to trail. Since then he has harassed me nonstop.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
HOA removed mine and my neighbor hoses, that were neatly on
HOA removed mine and my neighbor hoses, that were neatly on a holder. Because HOA says it was on common area in the open. Hoses cannot be seen unless you walk around the unit. The President of the HOA… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
Can a Florida HOA restrict a homeowner to having only one
Can a Florida HOA restrict a homeowner to having only one type of grass in their yard ? ( St' Augustine) Hillsborough County 33559 … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Tn hoa approved neighbors fence which is in gross ovulation
Tn hoa approved neighbors fence which is in gross ovulation of by laws. Fence built within 3 ft of front of my house. By laws say can not build within 20 ft of front of any unit. When I complained hoa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I've been told by a neighbor that if an HOA provides lawn
I've been told by a neighbor that if an HOA provides lawn care and landscaping services, Florida HOA Laws state that it's an "all or nothing" decision. Our HOA says we are each responsible for the 4-f… read more
Attyadvisor
Attyadvisor
Attorney
7,734 satisfied customers
An officer of our HOA revealed to other homeowners that I
An officer of our HOA revealed to other homeowners that I still owed an assessment fee at the neighborhood pool. Is this legal for them to discuss with homeowners that are not board members?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
It's an HOA question - Neighbor was playing music load
It's an HOA question - Neighbor was playing music load passed 10 om and up until 1 am. I left a nice note on their door asking them if they could turn the music down after 10 pm or maybe wear a headse… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My HOA was turned over to the homeowners by the developer
My HOA was turned over to the homeowners by the developer Mid May 2017. Elections were held and a majority of the board seats were filled by the representatives of the developer. The developer has sev… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
We have a very small HOA. Some homeowners and renters park
We have a very small HOA. Some homeowners and renters park in guest parking permanently in spite of multiple written notices of violations. It is prohibited in CC&Rs. Tow companies will not tow in our… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My homeowner right is denied by the HOA. What recourse do I
My homeowner right is denied by the HOA. What recourse do I have ? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If we have a neighbor who is a consistent nuisance and is
If we have a neighbor who is a consistent nuisance and is renting a house in our neighborhood, is there a way to find out who owns the property to reach out to them about the tenant?… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x