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Subject: Airbnb rental
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Author Messages
MelissaF4
(Arizona)

Posts:9


08/28/2017 6:37 PM  
Is simply marketing on Airbnb for less than 30 days a violation even if the homeowner can prove that the property has not been rented in over 5 months?
The CC&R restrict leasing for less than 30 days. Airbnb has it marketed for a minimal of 3+ days but the Airbnb calendar shows no reservations have been made in over 5 months. Is the marketing for min 3+ days enough to support a violation?
GenoS
(Florida)

Posts:1633


08/28/2017 7:51 PM  
If the CCRs restrict leasing to minimum terms of 30 days then I think whatever marketing-related arrangements have been made are irrelevant. If it was empty for a year, the next lease would have to be 30 days, minimum.
DaveD3
(Michigan)

Posts:770


08/29/2017 4:17 AM  
Would a court agree that a 3-night stay constitutes a lease?
PitA


Posts:0


08/29/2017 5:56 AM  
Is the marketing for min 3+ days enough to support a violation?


Not unless 'attempted rental' is a specified violation.
MelissaF4
(Arizona)

Posts:9


08/29/2017 10:57 AM  
It was on Airbnb but has not been rented in 5 months, short or long term. It not is rented for a year but the HOA has sent a violation simply because it was on the market to possible rent for 3 days. Is intent enough for a violation?
LetA
(Nevada)

Posts:307


08/29/2017 11:24 AM  
Posted By DaveD3 on 08/29/2017 4:17 AM
Would a court agree that a 3-night stay constitutes a lease?




Since City, State and County legislators are rapidly enacting laws that prohibit short term rental, weather they are called party houses or specifically target
Airbnb, just about anything shorter than 30 day lease one would be considered an innkeeper.
GenoS
(Florida)

Posts:1633


08/29/2017 12:49 PM  
Posted By MelissaF4 on 08/29/2017 10:57 AM
It was on Airbnb but has not been rented in 5 months, short or long term. It not is rented for a year but the HOA has sent a violation simply because it was on the market to possible rent for 3 days. Is intent enough for a violation?

I would say that's not enough for a violation. The actual renting of the place for less than the minimum 30 days would be the violation. Intent to rent it out for less would, though, would ensure people noticed that a short-term rental had taken place, and we'd deal with it after the fact.
MelissaF4
(Arizona)

Posts:9


08/29/2017 12:58 PM  
Where can I find something that states that? I would like to have something in writing to show the board.
MelissaF4
(Arizona)

Posts:9


08/29/2017 12:59 PM  
Where can I find something that states that? I would like to have something in writing to show the board.
PitA


Posts:0


08/29/2017 3:31 PM  
I would like to PROVE that I did NOT think of a purple Hippopotamus with green stripes yesterday.

You, on the other hand, must prove an unapproved rental.

or

Get an actual life ,as opposed to myself, and go to the pool.
MelissaF4
(Arizona)

Posts:9


08/29/2017 3:39 PM  
Thank you PitA- I may use that metaphor when I talk to the HOA!
JanetB2
(Colorado)

Posts:3642


08/29/2017 7:50 PM  
Posted By MelissaF4 on 08/28/2017 6:37 PM
Is simply marketing on Airbnb for less than 30 days a violation even if the homeowner can prove that the property has not been rented in over 5 months?
The CC&R restrict leasing for less than 30 days. Airbnb has it marketed for a minimal of 3+ days but the Airbnb calendar shows no reservations have been made in over 5 months. Is the marketing for min 3+ days enough to support a violation?

Potentially NO!!! The Owner would need to actually violate the CCR's to be held liable. Do not issue a violation on a what if scenario ... it will bite you!
TimB4
(Virginia)

Posts:14861


08/30/2017 2:10 AM  
Janet,

I get the impression that MelissaF is the owner who had it listed.
DouglasK1
(Florida)

Posts:894


08/30/2017 10:20 AM  
If your CCRs do not allow weeds in the lawn, is it a violation to stop using weed and feed or does the violation only occur when weeds show up?
PitA


Posts:0


08/30/2017 12:56 PM  
How DARE the weeds violate a recorded Restriction!?
KerryL1
(California)

Posts:4386


08/30/2017 1:02 PM  
I agree with those who say the the actual rental of the premises would constitute a violation.
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