7 Replies Latest reply: Jul 21, 2019 3:15 PM by ambidextrous RSS

    Help! My HOA just announced they are going to shut me down

    happy2host New Member

      I have rented and listed on HA since January 2014.  I never had an issue with any guests (almost 300 rentals).  Last night, I went to HOA meeting.  They are going to put out the vote to community to shut down short term rentals (and me).  I need a lawyer near Tampa FL!!!!   When I bought both properties, there was ZERO restrictions on renting.  Please someone hook me up with a Lawyer.  The HOA board shouted down home owners over other dumb stuff.  There is no reasoning with them, despite my impeccable and responsible record.  I have 2 properties, single family homes.  Thanks!

        • Re: Help! My HOA just announced they are going to shut me down
          ashevillelookout Senior Contributor

          Get a copy of all HOA documents on record with your COUNTY.  I live in Virginia, and our HOA is unable to make any substantive changes to how our single homes are rented without COUNTY approval, and with a consenting vote of a certain percentage of homeowners.  You need a good attorney who can read and translate your HOA documents.  You need an attorney who is also familiar with what the State and County will allow you, as a homeowner within an HOA, to do.

           

          A good attorney may also be able to tell you if you have a cause of action against your HOA for loss of income and other penalties.  Best wishes!

          • Re: Help! My HOA just announced they are going to shut me down
            planthealth Active Contributor

            There should be articles about how STR help the value of property because even non-renting owners want to sell one day and the buyers who might buy from a non renting owner might want to rent!!! So their vote might negatively impact their market value!

            • Re: Help! My HOA just announced they are going to shut me down
              kmcbhense Contributor

              Theres an attorney out of Sarasota that is well versed in these types of issues. Sorry I don't know his name, but I will ask others here in Destin. He has helped in our area with similar issues. He also deals with Burt Harris claims

              • Re: Help! My HOA just announced they are going to shut me down
                georgygirl1955 Senior Contributor

                Good luck. It can cost a lot of money to fight an HOA or a town, even when they are wrong.

                Get ready to spend money to defend your right to rent

                • Re: Help! My HOA just announced they are going to shut me down
                  sage Senior Contributor

                  How many properties in your HOA operate as STRs? What do your association CC&Rs and bylaws say about restrictions on rentals? What percentage of owners must vote in favor of changes to the CC&Rs and/or bylaws?

                   

                  I question whether anything would be gained by hiring an attorney if the HOA follows the rules as set out in the CC&Rs and bylaws regarding changes. You may be better off to focus on organizing other owners of STRs in your association to vote in opposition to this change (assuming it is actually a change rather than just enforcing existing rules). Restricting STRs is not necessarily about you; there may be other STRs creating problems, but to address problems caused by others the association may see the best solution is to prohibit all STRs.

                   

                  If you feel that the board is not following the rules as set out in the CC&Rs and bylaws, or if you suspect it is acting contrary to local laws regarding duties of HOA boards and officers, you might then consider joining with other owners of STRs to employ an attorney. If no other owners are interested in joining with you and you find yourself alone fighting everyone else, that may be a sign that yours is simply a lost cause.

                   

                  Understand that along with any benefits of owning a property in an HOA come restrictions. If done properly, an HOA certainly can make changes to restrict rentals, and possibly even prohibit rentals entirely, as long as the changes do not result in unlawful discrimination.

                  • Re: Help! My HOA just announced they are going to shut me down
                    ambidextrous Active Contributor

                    H2H,

                     

                    My HOA recently looked into the possibility of forbidding STRs. There were people unhappy with the behavior of some owners and their guests. At the HOA meeting, we did two things: first, we identified the problems (parking in the wrong places, overcrowded rentals, noise). Second, the owners who rent (about 10%) suggested we create a task force to recommend regulations that would restrict bad behavior, and establish penalties for people who's renters broke the rules. Additionally, we required every owner to tell all the surrounding neighbors that they did rent and gave our phone numbers to the neighbors so problems could be addressed immediately. We also required the HOA to maintain statistics on incidents (something they did not initially have -- making us wonder how many problems there really were.)

                     

                    The new rules were accepted at our most recent meeting -- and most importantly, the angry people who wanted to ban rentals were silenced.

                     

                    Our owners are very reasonable, and mostly kind -- and all agreed that they did not want to force owners to sell their homes if renting was what allowed them to be able to afford their home. And, finally, if your HOA does ban rentals, and a bunch of places go on the market at once, the remaining members should expect their values to fall. It would be hard in most communities to attract buyers who can't rent their places from time to time.

                     

                    Good luck.