CC&Rs vary from community to community—some HOAs forbid any rentals of 30 days or less. Others don't allow leases of any kind, whether long or short. It's important to understand any HOA rules and restrictions that impact your ability to earn rental income from your property.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
You can contact airbnb directly and explain that the listing is illegal. They will deactivate the listing, and make the host prove they are allowed to be renting via airbnb. That will hopefully end the ``party problem'' sooner than the legal process.
CA allows short term bans. The board can just pass a rule and they must give 30 days notice of the new rule to go into effect. 30-Day Lease Term. A restriction that rentals cannot be less than 30 days is a limitation on usage, not a prohibition, and has been deemed reasonable by the courts.
One approach is to communicate openly with the HOA board and seek approval for exceptions. Some homeowners have successfully negotiated agreements that allow for short-term rentals under certain conditions, such as higher security deposits or additional insurance coverage.
Zoning Rules: Most cities or other local jurisdictions have laws that set out the way you can use your home. These rules are often found in a zoning code, planning code, or city ordinances.
Yes, condo associations in Florida have the authority to regulate short-term rentals, but the process is not always straightforward. Associations can amend their governing documents to impose restrictions or prohibitions on short-term rentals, but any such amendment must follow the proper legal procedures.