Tag: Rentals
Minimum Rental Period Rule Unenforceable Against Existing Owners Under California Law
A California Court of Appeal has left some associations and their lawyers reeling from its broad interpretation of a state law that exempts current owners from new rules blocking short-term rentals (Brown v. Montage at Mission Hills). “This is an expansion of what I think a lot of us expected Section 4740 to mean,” says…
Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance
It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” The natural step when a…
The Last Straw: How the Nuisance Provision Can Help Your Clients Deal with Residents’ Extreme Behaviors
It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” Extreme circumstances call for extreme…
Are Short-Term Vacation Rentals Considered “Single Family Use”?
Many community associations trying to limit short-term rentals have found their battle complicated by the fact that their CC&Rs were drafted long before the days of Airbnb and VRBO. With CC&Rs that contain no provision explicitly addressing such rentals, some have turned to their single-family residence restrictions. “Associations try to hang their hat on that…
Short-Term Rentals Don’t Violate Single-Family Residence Restriction
The California Court of Appeals recently shot down the argument that a single-family residence restriction prohibited short-term rentals (Lastavich v. Nob Hill Homowners Ass’n, Cal App. Dec 2, 2020). Many community associations trying to limit short-term rentals have found their battle complicated by the fact that their CC&Rs were drafted long before the days of…
Could Rental Restrictions Be in Your Association’s Future?
A new law that significantly limits rental restrictions in California community associations took effect Jan. 1, 2021. Among other things, California Civil Code Section 4741 imposes a deadline on associations in the state to amend their governing documents to comply with its provisions. While the law applies only to California associations, the state often is…
California Limits HOA Rental Restrictions
A new law that significantly limits rental restrictions in California community associations took effect Jan. 1, 2021. Among other things, California Civil Code Section 4741 imposes a deadline on associations in the state to amend their governing documents to comply with its provisions. While the law applies only to California associations, the state often is…
Voter Apathy Not Necessary to Have Court Amend Voting Rules
In California, associations that can’t get a popular CC&R amendment passed because of supermajority voting requirements have another option — they can ask a court to amend the voting requirement to make it less onerous. A common question in such situations is whether an association must show voter apathy before a court can act. In…
Court Petition to Amend CC&Rs without Required Votes Needn’t Show Voter Apathy
California law lets an association turn to the courts to change the percentage of votes required to amend its CC&Rs, a helpful provision when communities have trouble reaching a super-majority. Opponents may claim that an association has to prove “voter apathy” to go this route, but a state court of appeals has made clear that…