A couple bought a four-bedroom townhouse in my community over a year ago, but never moved. I think they live in a house somewhere in our city. There are many so-called guests and families who visit the unit frequently. These “guests” are registered with the auto-launch company, so they can park without activating. Neighbors in the area are dissatisfied with the high number of frequent visitors.
Our rules and regulations stipulate that visitors to homes where the owner does not reside must register with the board in writing prior to the visit. Although they have never done this, the HOA management company has created a registration form to fill out before the visit.
The by-laws state that “the possession of a non-owner or its close relatives for (30) 30 days during a calendar year is ultimately considered a lease and is subject to all provisions of the section on leases.”
Only once a year leases are allowed. Also, the Articles of Association does not state that 30 consecutive days.
These people seem to be running AirBnB. What can HOA do to enforce its rules and regulations?
The issue of short-term rentals in a community with limited certificates has become more common in the last few years and is accelerating as vacation rental websites such as AirBnB and Vrbo become more popular. It is also very common for owners to circumvent lease restrictions by claiming that the tenant is a guest or family member.
The Articles of Incorporation do not stipulate that a 30-day continuous occupancy is required to trigger a rental restriction, but at least the same person must occupy a total of 30 days. The overall concept of the provision is that the owner maintains an unapproved long-term occupancy (and avoids the association’s tenant approval rules) by simply claiming that the resident is a patron or relative using the unit. To prevent). Here, if there are multiple different visitors, that rule does not apply. Instead, if this owner actually rents the unit to a short-term tenant, these rentals violate the “annual lease” clause and the lease term limits that may be included in the declaration. increase.
The trick, as with all similar violations, is to prove that these visitors are tenants, not guests. You may not want to prevent the owner from restricting the visit of the actual guest to the unit (although some community associations allow guests to use the unit when the owner is not resident). There is a rule that prohibits you, especially to prevent such short-term rentals), but for short-term rentals, if you can only prove that these people are not really guests. Lease restrictions apply. The first thing to do is to scrutinize the online leasing website to see if you can find the list of units in question. In most cases, owners who are leasing units illegally will be listed on AirBnB. They may try to hide the list behind a fake name or by refraining from property details (such as the apartment name), but the list from the address, or the photo posted on the list, or the comment. It is often possible to find left by the visitor.
Another option is to simply ask these guests why they are there. Eventually, you’ll find someone who admits they’re AirBnB renters (I’ve seen owners who lie to AirBnB guests and say they’re part of a family. Avoid leasing rules. However, many visitors do not want to lie in such situations, and our clients are catching many illegal lessors in this way.
Whenever the owner can prove that he is renting a unit illegally, there are three main enforcement options. Fines, suspension of use of common areas (this is especially effective when dealing with condominium real estate, banning guests in the unit). The use of pools and gyms significantly reduces the ability of the owner to lease the unit to vacationers), or a proceeding seeking a court order prohibiting the owner from leasing the unit further illegally.
Backer Aboud Poliakoff & Foelster, a partner of LLP, Ryan Poliakoff is a board-certified specialist in condominium and planning and development law. This column is dedicated to the memory of Gary Polyakov, a pioneer and tireless supporter of the community association’s legal industry and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.Email your question firstname.lastname@example.org.. Be sure to include your location.
Owners who illegally lease units may be fined
Source link Owners who illegally lease units may be fined