Medium term listing options available with my HOA restrictions

San Diego, California
Medium-Term Rentals
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Medium term listing options available with my HOA restrictions

Daniel DeBruin
New to Real Estate · San Diego, CA · Member since 2021 · 3 posts · 3 votes

I am interested in furnishing my condo and medium term renting it. Although I am unsure sites like VRBO or airbnb generate some form of written lease for each month long stay, as required by my HOA rules and regulations (see below). I am wondering if AIRBNB or VRBO is even an option for me and am I limited to a standard LTR. Thanks in advance for any response!



ARTICLE 5
RENTALS & SALES
5.01 All leasing of Units shall be exclusively for single family use for not less than one-month periods.
Leasing for gainful occupation, profession, trade or other non-residential use is not permitted.
5.02 Owners are responsible for the conduct of their tenants. Tenants are subject to all governing
documents for this property. Owners are responsible for providing their tenants with a current
copy of these governing documents.
5.03 Owners must notify the Manager of the sale or rental of any dwelling. Association membership
will not be transferred until registration forms have been completed.
5.04 Any lease for a living Unit shall comply with these Rules and Regulations and any amendments
thereto and with the Conditions, Covenants and Restrictions (CC&R’s) governing the
Association

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Jamie Banks
Real Estate Consultant · Reston, VA · Member since 2022 · 513 posts · 521 votes
3y

Airbnb / VRBO do not generate lease agreements. If you intend to use those platforms you’d have to steer the guest off platform to sign a lease agreement. This is against their policies but I’ve heard other hosts doing it. You should look into listing on Furnishedfinder.com. The site is more lead generation then a booking platform but you’re able to screen guests, sign leases, etc through sites KeyCheck or Avail. 

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  • Andrew BoscoBusiness Member
    Rental Property Investor · NH · Member since 2023 · 444 posts · 419 votes
    3y

    I've not come across that - however, you can still require a simple 1 pager with Terms/Conditions and submit that form. I've done that for my local organization and had zero issues. You can also develop a direct booking website on OwnerRez 

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  • Melissa HartvigsenBusiness Member
    Real Estate Agent · Beaverton, OR · Member since 2020 · 190 posts · 158 votes
    3y

    HOA's can be very punitive if you violate their rules. I don't recommend relying on posters here in BP and their interpretation of the rules and regulations at your HOA.

    If your HOA decides you are in violation of the rules and charges you fines, they can stack up quickly. If you opt not to pay the fines, they can put a lien against your unit. Attorney fees will rack up quickly.

    I recommend paying an attorney who specializes in HOAs a consultation fee to get their interpretation. A couple hundred dollars is worth it in my opinion.

    Another option would be to request a special meeting with your HOA board to confirm your plan with them and get approval prior to starting.

    If the attorney or HOA board gives you the all clear, then make sure when you set up Airbnb and VRBO that you have a 30 day minimum on your booking settings. You should also disclose in your house rules that signing a lease is required. That way you can enforce it on your guests.

    Neither booking platform provides a lease document to you so you should find one that will work for your needs.



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  • Jamie Banks
    Real Estate Consultant · Reston, VA · Member since 2022 · 513 posts · 521 votes
    3y

    Airbnb / VRBO do not generate lease agreements. If you intend to use those platforms you’d have to steer the guest off platform to sign a lease agreement. This is against their policies but I’ve heard other hosts doing it. You should look into listing on Furnishedfinder.com. The site is more lead generation then a booking platform but you’re able to screen guests, sign leases, etc through sites KeyCheck or Avail. 

    2Reply
  • Steve Meyers
    Real Estate Agent · San Diego, CA · Member since 2015 · 190 posts · 77 votes
    3y
    Quote from @Jamie Banks:

    Airbnb / VRBO do not generate lease agreements. If you intend to use those platforms you’d have to steer the guest off platform to sign a lease agreement. This is against their policies but I’ve heard other hosts doing it. You should look into listing on Furnishedfinder.com. The site is more lead generation then a booking platform but you’re able to screen guests, sign leases, etc through sites KeyCheck or Avail. 

     Good point @Jamie Banks I was just going to suggest furnished finder it's a great platform especially for here in San Diego with all the travel nurses we get.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    3y

    @Jamie Banks   I don't believe it is against airbnb/VRBO policy. You just have to disclose upfront the agreement. They don't facilitate a lease though.  Furnished finder is better suited to leases but  I know people still get leases from guests regardless of platform.  You can also list short term furnished units on places like zillow.  Not sure how much extra noise that creates though given people don't read descriptions well. 

    1Reply
  • Daniel DeBruin
    OP
    New to Real Estate · San Diego, CA · Member since 2021 · 3 posts · 3 votes
    3y

    Thank you all for the responses! I'll start looking into direct booking options like ownerrez and I'll also check out furnished finders. 

    0Reply
  • Annette Hibbler
    Real Estate Consultant · Brighton, MI · Member since 2013 · 607 posts · 251 votes
    3y

    "Leasing for gainful occupation, profession, trade or other non-residential use is not permitted." That statement alone would give me great pause. Seems like they saying you cannot run it as an income property at all. I would get some more clarification on that statement in writing.

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  • Bonnie Griffin KaakePro Member
    Real Estate Consultant · Denver, CO · Member since 2021 · 666 posts · 389 votes
    2y
    Quote from @Annette Hibbler:

    "Leasing for gainful occupation, profession, trade or other non-residential use is not permitted." That statement alone would give me great pause. Seems like they saying you cannot run it as an income property at all. I would get some more clarification on that statement in writing.


    Annette, You bring up a good point and it caught my eye as well. My interpretation is that they are referring to running a business out of the rental property which would likely cause an increase in traffic in and out of the property: hair salon, cooking school, insurance business, etc. I too would ask for more clarification.
    [email protected]303-475-4459
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  • Bonnie Griffin KaakePro Member
    Real Estate Consultant · Denver, CO · Member since 2021 · 666 posts · 389 votes
    2y

    @Daniel DeBruin I have encountered this terminology in HOA documents when doing cost segregation studies for the owners. "All leasing of Units shall be exclusively for single family use for not less than one-month periods." This usually means you cannot rent by the room or use for STRs. What you can do is own and lease the property to one family. The "...not less than one-month means you can rent to a nurse and spouse or someone in the middle of a move to a new home, or maybe a work from home professional and his/her family. The 30-days means a long-term rental whether you want to call it a mid-term rental or long-term rental. For tax purposes, it means a long-term rental from the IRS' and the HOA's perspective.

    [email protected]303-475-4459
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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Annette Hibbler I have a similar statement in my lease about leasing for gainful occupation, you can ask a lawyer but I believe this is to block running things like day cares or other non-residential use other than single family occupancy. You might consider talking to another HOA member who rents and see what they are using for a lease agreement.

    1Reply
  • Zachary DealPro Member
    Lender · Member since 2023 · 465 posts · 425 votes
    2y

    Agreed with Colleen and Bonnie. Typically that would be to prevent a business or "other non-residential" but always good to double check 

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  • Nate MeekerBusiness Member
    Real Estate CPA | California · Member since 2020 · 544 posts · 251 votes
    2y

    @Daniel DeBruin - Probably not the answer you were hoping for, but I would contact your HOA. I've seen several clients face major legal issues in similar situations.

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