And if you take a harsher tone, you may end up picking a fight with good owners or residents who have their sister and brother-in-law in for a week, and those aren't the people you want to start a fight with."Īlso back up and think about making your governing documents clearer or firmer. "It's an approach of, 'We don't know it looks like it, but we don't know what's going on,'" he explains. We contact the owners and ask them for information, saying something like, 'We received a report, and it looks like there might be a short-term rental situation if you have information that would prove otherwise, please submit it.'" We approach these things as if we're doing an investigation. "An owner may have guests or family members visiting. ![]() "Something may look like a short-term rental but may not be," he notes. Then you're relying on neighbors, and you get mixed results based on what's being reported."Ĭlark's advice is to start with a request. ![]() "Most of the time we see this, we don't see owners contacting the association at all they're not asking for permission. "In this case, you at least have an owner who's submitting a rental agreement to the board with a $10 penalty," states Clark. But coming up with a way to monitor or determine if a violation exists is proving to be much more challenging. Passing the rule and coming up with the rule is the easy part. "In both condos and HOAs, the trick here is that your rules are one thing the enforcement is another. "I haven't seen this sort of rule skirting, but short-term rentals are a growing concern," he states. He just wants boards to avoid battles they don't have to, or that aren't the smartest to, wage. ![]() in Plano, which manages more than 100 condos and HOAs in north Texas. Let's first start with a caution from Jeremy Clark, PCAM®, AMS, chief financial officer of Excel Association Management Inc. Here, our experts discuss how to handle this latest subterfuge. Some are following their association's rules to require tenants to commit to, say, six-month or year-long leases and then also including a lease provision that says for, say, a $10 fee, tenants can breach that provision. We're hearing that owners have become ever-more crafty in their efforts to do an end run around HOA rules prohibiting short-term rentals. Tags: Landlord, Lease, Violations, Fines, Rentals
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