Subdivision bylaws-- need your thoughts on this language

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Subdivision bylaws-- need your thoughts on this language

Marie M.
Rental Property Investor · AL · Member since 2020 · 41 posts · 10 votes

Hello!  

What are my fellow BP member thoughts on this language? Does it specifically prohibit short term rentals? I'm not seeing that it does and I am living in an ideal situation to move out and STR. This is not an HOA, it is just a very old set of bylaws on a subdivision.

I don't put a lot of stock in attorneys, and I have worked in lawful counsel capacities for myself as well as for attorneys, so please don't recommend one 😄 

The way I'm reading it-- as long as it's the entire property being rented, which it is, and it's not for more than one family, which it isn't, then it's pretty vague if it wanted to prohibit STRs.  Any thoughts?  Thanks in advance!

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Collin HaysBusiness Member
Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
3y

"No part...shall be used for the purpose of renting rooms as a boarding house or other transient accommodation."  

Can't get much more clear than that.

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  • Brooklyn McCarty
    Investor · Member since 2022 · 1k+ posts · 754 votes
    3y

    If you just spent so much on lawyers why wouldn’t you have them look it over? 

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  • Collin HaysBusiness Member
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    3y
    Quote from @January Johnson:

    Why?  You're a property manager, and you're saying STRs cause problems in neighborhoods?  

    As a Property Manager, we won't accept a property in an area where it breaches code.  Whether a property "causes problems" is irrelevant.  Code is code.  
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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    3y

    I would be more interested in the process and numbers required for amending the CCRs and the owners' viewpoints on the STR issue than the current governing language. The language is obviously vague. Just read the differing opinions in this thread which are all reasonable — it would be just as easy to make the argument that STRs are not prohibited as long as the entire single family residential property is subject to the occupancy OR that STRs are prohibited because they are a transient accommodation. That's a conflict that needs to be resolved and likely will at some point.

    So if X% of the owners who oppose STRs have the numbers and they get together and agree to expressly ban them outright by adding a few words to this section, that would put the issue to rest for a while … and if the property only works as an STR you're screwed.

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  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    With STR you cannot limit to one family and this says one. Many STR customers are several friends together.

    Transient rental means less than thirty days.

    They are going to fine you. It also says you cannot add another unit, implying no ADU.

    Don't buy in a HOA if you plan to STR. Or get a staff attorney to fight the fines. How much is each fine?

    If you own this already I would sell and find property that does not have an HOA or CCR's that restrict. Cities and counties can also overlay bans. Or get on the Board and start the rally process to change the Bylaws/CCR's. You will need a majority and probably an attorney to write the new terms and conditions. Usually there is a hearing process, cost, and voting. If I wanted to STR under these rules I would be Miss Popularity getting on the Board and giving out candy. Hopefully the tract is not majority older people or people with small children both go to bed early, don't like extra cars and strangers. The mix of the community of voters predetermines your outcome. You have to sell the idea to them that STR is good.

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  • January Johnson
    Real Estate Agent · Emerald Coast, FL · Member since 2016 · 820 posts · 486 votes
    3y
    Quote from @Collin Hays:
    Quote from @January Johnson:

    Why?  You're a property manager, and you're saying STRs cause problems in neighborhoods?  

    As a Property Manager, we won't accept a property in an area where it breaches code.  Whether a property "causes problems" is irrelevant.  Code is code.  

    Thanks for the clarification!  Makes perfect sense!

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  • Ruth Blue
    Realtor · Pigeon Forge, TN · Member since 2018 · 230 posts · 111 votes
    3y
    Quote from @Marie M.:

    Hello!  

    What are my fellow BP member thoughts on this language? Does it specifically prohibit short term rentals? I'm not seeing that it does and I am living in an ideal situation to move out and STR. This is not an HOA, it is just a very old set of bylaws on a subdivision.

    I don't put a lot of stock in attorneys, and I have worked in lawful counsel capacities for myself as well as for attorneys, so please don't recommend one 😄 

    The way I'm reading it-- as long as it's the entire property being rented, which it is, and it's not for more than one family, which it isn't, then it's pretty vague if it wanted to prohibit STRs.  Any thoughts?  Thanks in advance!


    We get this question all the time. "Transient accommodation" is STR specific. You may LONG TERM rental it only. One item not specificized is LONG TERM does that mean 3 months or 6 months or 12 months qualify?

    Good LUCK

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