Rental Property Investor · San Francisco, CA · Member since 2016 · 15 posts · 4 votes
BP, I just went into contract to buy a home on 1/4 acre in a nice community in California. My plan is to use it as a short term rental when Im traveling for work which is most of the time.
The city does allow STRs with a business license but I finally got the sellers disclosures from my agent and in the CC&Rs, it says you cannot have leases under 30 days. There are no HOA fees or any governing HOA so Im not sure how this is would be enforceable but Id rather not have to worry about it.
From doing a quick google search, it looks like the city/police couldn't enforce the CC&Rs and that if there is no HOA, my neighbors would be the ones to enforce the CC&Rs... Id rather not put my nice new neighbors in that position so would appreciate some insight! I would plan to talk to them prior to operating my STR and give them my contact info if theres ever a problem. Is this something I should avoid?
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
4y
Covenants, conditions, and restrictions (also called "CC&Rs") are used by many "common interest" developments, including condominiums and co-ops, to regulate the use, appearance, and maintenance of property.
You could google cc&rs with hoas and can I do what I want…looks like ti was asked and answered 10 years ago…
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
4y
You get the cc&r’s changed, you do 30_ day rentals, or you don’t buy.you are not going to get every single current and FUTURE buyer to agree to let you break the rules. Especially if that’s why they bought there.
One owner will sue whoever created the cc&r's and ensured them there would be no STR. Then they will have to sue you. If this is a new neighborhood and the builder still owners over half the lots (or a different percent based on your local laws and customs) the enforcement will fall to elected homeowners once that percent falls sufficiently.
You are going to sign a sheet of paper that specifically says you know you are giving up certain rights, uses, and control of your property. That’s how long the court case will take. Is this your signature? Yes? Plaintiff wins.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
4y
Covenants, conditions, and restrictions (also called "CC&Rs") are used by many "common interest" developments, including condominiums and co-ops, to regulate the use, appearance, and maintenance of property.
You could google cc&rs with hoas and can I do what I want…looks like ti was asked and answered 10 years ago…