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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My HOA is saying that I can't rent Airbnb. To be able to

Customer Question

My HOA is saying that I can't rent Airbnb. To be able to rent it must be 30 days or longer. But I'm living there where I do Airbnb. How can they tell me what I can do inside my home when I'm there? Also, the state of New York just passed a law against Airbnb stating the same thing, must be longer that 30 days, unless the tenant/ owner is living there at the time, so no restrictions. I would imagine that they would have outlawed that aspect too if they didn't thing it was illegal to tell someone who is living there at the time. What's your take here in CA.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Escondido, CA
JA: Has any paperwork been filed?
Customer: No, I'm being required to appear before the board to explain.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to learn of your dispute with your HOA.

I would speculate that your HOA has a rule (usually in the CC&Rs, but it can also be in the by-laws or one of the other HOA regulatory guidelines) that prohibits this short term rental.

This is a valid and enforceable prohibition that has nothing to do with the state or city regulations or restrictions that apply to short term rentals.

Living in a common interest development (such as an HOA or a condo) means that you are subject to a set of private governance regulations - these rules allow the owners to create a set of rules that limit the way that you can use or enjoy your property (they can do this in any way that is compliant with state laws - but it can greatly limit your use of your home).

The HOA will have no problem enforcing the prohibition against short term rental if it is prohibited by the rules, and if you continue to violate these rules, they can levy fines ("penalties or assessments") place a lien against your home, and sue you for violation of the rules.

Customer: replied 10 months ago.
Thank you for the reply. I was afraid of that. Okay, thanks again.
Expert:  CalAttorney2 replied 10 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "ForCustomerquot; and a moderator will notify me.

Thank you again, and again I wish you the best.