Question:
Hello,
I am trying to understand the following CC&r from my HOA. Can you please elaborate if I can list my property on Airbnb or not. Please help. Thank you!
ARTICLE 3- Restrictions
3.1
ResidentialUse, Each Condominium shall be used for residential purposes only; and no part of the Development shall be used or caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing. vending or other nonresidential purpose. Notwithstanding the foregoing, Owners or occupants of the Condominiums may use a room or rooms in the residence as an office, provided that the primary use of the Condominium is as a residence, no advertising or signage is used in any manner In connection with the office use, no customers, clients or patients enter the Condominium on any regular basis, and the use is In compliance with all local ordinances. The Board shall have the authority to adopt Rules regarding the use of offices within the Development in order to maintain the residential characteristics of the Development. The use of Condominiums or other Improvements in the Development by the Declarant or its designees as models and sales and construction ofices for purposes of developing, improving and selling the Condominiums In the Development shall not be a violation of this restriction, provided that such use shall terminate no later than three years after the date of recordatlon ofthis Declaration or any declaration of annexation annexing property in any additional phase into this Development, whichever occurs later.
3.2
Renting The Owner may rent his or her Condominlum provided each of the following conditions is satisfied: the agreement must be in writing:
(ij) the rental agreement must contain a provision that the rentat agreement is subject to this Declaration, the Bylaws and the Rules and that any violation of any of the foregolng shall be a default under the rental agreement; and
(ll) before commencement of the rental agreement, the Owner shall provide the Association with the names of the tenants and each family member who will reside in the Condominium and the address and telephone number of the Owner.
Any Owner that rents his or her Condominium shallkeep the Association informed at all times of the
Owner’s address and telephone number. Any rental agreement shall be subject to this Declaration, the
Bylaws and the Rules; and any breach of any of the foregoing shall constitute a breach by the Owner and also
a default under the renta) agreement, regardless of whether it so provides in the rental agreement. If any
tenant breaches any restriction contained In this Declaration, the Bylaws or the Rules, the Owner, on demand
from the Association, immediately shalltake such steps as may be necessary to correct the breach, including.
if necessary, eviction of the tenant.
3.3
Nuisance, No activity shall be conducted In any Unit or Common Area that constitutes a nuisance or unreasonably Interferes’ with the use or quiet enjoyment of the occupants of any other Condominium.
3.4
Vehicle_and Parking_Restrictions, o mobile home, camper or recreational vehicle, boat, truck, trailer, or similar equipment shall be parked within the Development unless parked entirely within an
– Ashley
Answer:
Hi Ashley,
It may depend on how “residential use” is defined and whether the allowance for renting includes short-term vacation rentals such as Airbnb. It may be wise to consult the board before listing the unit on Airbnb. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
