HOA laws?

[Pancho 45048]

How much teeth do HOA laws have? 

Our charter??? (I don’t know what you would call it) strictly forbids owners from renting out their houses (AirBNB, VRBO, etc) or subletting.  My neighbor is clearly doing that.  It’s not even hidden. 

Do our HOA laws have any power here or nah?

[Gil Bang 26046]

Yes, the HOA can enforce their Covenants, Conditions, and Restrictions.

It's a civil action. 

Notify the HOA board of your suspicions.  If they fail to act, you may have a claim against the board members themselves.

But, the real question is; what are your damages?  If the renters are keeping you from the "quiet enjoyment" of your property, then you are being damaged. 

 

(Not a lawyer, and this is not legal advice).

Edited April 24, 2022 by Gil Bang

[South Austin 52628]

If there’s an established HOA created by the deed restrictions, that should be the party bringing a civil suit to enforce the rental prohibition. If there isn’t one, or if there is but doesn’t have sufficient funding or doesn’t give two shits, any homeowner in the subdivision has standing to file suit.

And you don’t need to prove any damages. If the neighbor is violating the deed restrictions by renting their home, Texas law allows a court to issue an injunction prohibiting the neighbor from renting, even if you can’t prove economic harm resulting from the rental activity.

[Bernard 879]

A free and easy place to start:

Contact AirBNB. Complain about the unit. Provide proof that the use is violating the HOA rules. AirBNB takes neighbor complaints very seriously. You may be able to get AirBNB to shut them down. Also, message the Host directly via the AirBNB listing by making an “Inquiry” (as opposed to a reservation “Request”). Inform them that they are in violation of the HOA rules. Maybe they don’t even know. Explain that the HOA is going to shut them down. Maybe they go away quietly.

Bernard
(AirBNB SuperHost and former HOA President)

[Upgrayedd 5821]

Or get in on the action by asking for a "service fee" to keep your mouth shut.

[hookemATL 11914]

Your only actual recourse is to shit in his mailbox and have sex with his mother. 
 

this is legitimate legal advice. That’ll be $9.95 plz

[NeverMarryAStripper 21941]

Or you could shit in his mother and have sex with his mailbox 

[Upgrayedd 5821]

2 hours ago, hookemATL said:

Your only actual recourse is to shit in his mailbox and have sex with his mother. 

Common CC&R restriction

2 hours ago, NeverMarryAStripper said:

Or you could shit in his mother and have sex with his mailbox 

Fair game

[Guest]

So nobody is going to bitch  about it on the neighborhood FB page first?

[gyroprotagonist 2595]

2 hours ago, slorch said:

So nobody is going to bitch  about it on the neighborhood FB page first?

it's all nextdoor these days, brah

[Bevo 13601]

I thought the HOA code is more what you'd call 'guidelines' than actual rules.

[NeverMarryAStripper 21941]

It's all fun and games until someone slaps a lien on your property

[Gil Bang 26046]

2 hours ago, Bevo said:

I thought the HOA code is more what you'd call 'guidelines' than actual rules.

For some HOA, yeah.  For many, no.  There are some very aggressive HOA folks out there. 

[HornPhD 1368]

Have you considered writing a strongly-worded letter and leaving it in the owner’s mailbox?

[NeverMarryAStripper 21941]

That would be a federal crime

[Quagmire 2147]

Or you could shit in his mother and have sex with his mailbox 

Just do it in a hot tub to avoid unwanted pregnancy

[Pancho 45048]

20 hours ago, NeverMarryAStripper said:

Or you could shit in his mother and have sex with his mailbox 

I’m listening…