Question:
My home is part of an HOA. Today I received a letter with a proposal to ban short term AIRBNB and other short term stays less than 12 months. This is create a severe hardship as I rely on it for supplemental income if they pass the agreement. What legal options do I have to sue the HOA? Shouldn’t I be grandfathered in since this didn’t exist when I purchased the home?
– Lance
Answer:
An HOA’s authority to restrict short-term rentals comes from its governing documents. As such, if there is no provision in the governing documents restricting short-term rentals, your HOA likely can’t enforce such a restriction. Your HOA might be trying to amend its governing documents to include a ban on short-term rentals. In that case, you, as a homeowner, generally have the option to voice your concern to the board at the meeting where the amendment will be voted on.
Additionally, amendments to the declaration or CC&Rs usually require a majority vote of approval from homeowners. The Alabama Uniform Condominium Act Section 35-8A-217 requires a two-thirds majority (or a larger majority as the governing documents stipulate). If the Uniform Condominium Act doesn’t apply to your HOA, check your governing documents, specifically your CC&Rs. This document will usually state the procedure for amendments as well as any majority vote requirements for amendments to pass. If your HOA needs a vote to pass the restriction on short-term rentals, you can simply vote no.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
