[craigp_77]

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Our board is debating whether we can outright ban short-term rentals like Airbnb. Our CC&Rs don’t specifically mention them, just that homes are for “residential use.” Some owners want to allow them with restrictions, others want a total ban. Anyone else go through this? Can we legally prohibit STRs without amending the CC&Rs?

[earlh0808]

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We went through something similar two years ago. “Residential use” can be interpreted in different ways, so we had to amend our declaration to make the ban clear. Our attorney advised that anything not explicitly stated in the governing documents would be hard to enforce in court. You’ll likely need a formal amendment, which in our case required 67% approval.

[gemini22]

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Our board didn’t go for a full ban, but we passed rules that set a 30-day minimum stay. That way we could filter out weekend rentals but still allow longer leases. We didn’t amend the declaration. We just added it to the rules and regs. Our lawyer said it was enforceable since it aligned with the spirit of “residential use.”

[craigp_77]

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Interesting. Did anyone challenge it? We’re concerned someone will sue if we enforce a ban without an amendment.

[earlh0808]

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One owner threatened to, but once we showed we followed proper amendment procedure and involved legal counsel, they dropped it. If your vote threshold is high, maybe start with a moratorium or trial restriction first, then push for a formal amendment once people see the benefits.

[gemini22]

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No one challenged us, but we made sure to do community outreach first, sent letters, held a Q&A, even showed examples of bad STR cases nearby. That helped get support. If you’re transparent and gather feedback, it’s less likely to stir up drama.

[craigp_77]

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Good advice. Sounds like we’ll need legal input and possibly an amendment after all. Thanks, this helps a lot.

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