If fines is the route a board wishes to take it is very important that the board first adopt a fee schedule. Also keep in mind that fines have to be reasonable. Making the penalties high can be great for deterring violations, but they can also make HOA boards hesitant to actually enforce them. $500 for a first violation, $1500 for a second violation, and $3000 for a third violation. One common way HOAs police Airbnb short term rentals or other fellow services is to fine homeowners a steep amount for every infraction, with successive infractions causing higher fines, e.g. Avoid Selective Enforcement of Rules for Short Term Rentals You will also want to avoid potential legal action from homeowners who may well have purchased the property with the express purpose of earning short-term rental income, and an attorney can help you avoid these consequences. Work with an HOA attorney in doing this to draft language that meets the needs of both the HOA and its members, and which will be enforceable under state law. It could be the case that a few long-term residents are disturbed by short-term tenants, but you could well have a majority (or at least a very vocal minority) of homeowners who want to be allowed to earn income from Airbnb, especially if you are in a high-tourist area. You will of course need the approval of the homeowners because it will need to be an amendment to the CC&Rs, and you will want to determine whether your members are in fact in support of such a rule. If you do not have a ban on HomeAway, VRBo or Airbnb short term rentals in place, enacting one might be the best and only way to combat the problems of short-term Airbnb tenants. Consider Implementing a Ban on Short Term Rentals If you do have such a provision, you already have the tools to fight back against annoying short-term rentals. It is not uncommon for CC&Rs to prohibit rental agreements for less than 30 days, or even 1 year. See if your rules mention a minimum lease duration requirement.

Thus, your HOA may already have a provision related to short term rentals which preceded the Airbnb craze. But many HOAs are justifiably concerned about the risks that come with short-term tenants who have no ties to the community вЂ“ and especially those who are there to live it up for a week, loud pool parties and all. Most HOAs understand that homeowners want flexibility in being able to rent out properties to others, especially in situations where the homeowner cannot sell the property in a good market.

So what is an HOA board to do? Determine What Your HOA CC&Rs Say About Short Term Rentals In the same way that no one ever washes a rental car, short-term renters вЂ“ who are often on vacation and looking to blow off steam вЂ“ can crowd out long-term residents from common areas such as pools, bbqs, and gyms, while flouting rules that they may not even be aware of, and annoying and even endangering other homeowners and residents in the process. Many homeowners indeed now essentially make their living as hoteliers, buying condominium properties and renting them out for profit.ДЇor their neighbors and homeownersвЂ™ associations, however, Airbnb can be a nightmare scenario which essentially defeats the purpose of living in a planned community with fellow homeowners dedicated to keeping up a standard of living. Not only has Airbnb made it easier for homeowners to rent out their homes to strangers from around the nation and even the world, it has indeed popularized the practice as an alternative to hotels. From the perspective of some homeowners, this is a fantastic development. They were written in 1947.HomeAway, VRBO and AirbnbВ Short-Term RentalsДЄirbnb short terms rentals and itвЂ™s fellow services like вЂ“ HomeAway and VRBO вЂ“ have turned condominium complexes across the country into mini-hotels and resorts. Definitely not current with today's law or societal norms. I just read CCRs that were attached to a home I am selling and it said that you cannot live in the property if you are a race outside Caucasian, unless you are a servant. CCRs are part of the preliminary report and most homes have them that are not part of HOA areas. CCRs do not go over HOA fees and inclusions. Is it 'legal' to put a flyer anonymously in the cylinder under the mailbox in response to a complaint also filed anonymously with the hoa by a (again unknown) resident?Д¬CRs are not necessarily for home owners association information. Who is responsible for providing CCRs to the home owner? We also have a CCR that claims you cannot purchase/live in the property if you are a race outside Caucasian.

Ccr hoa