Daly City, CA asked in Real Estate Law for California

Q: HOA rules

I rented my house to a tenant who then rented it as airbnb. The HOA rules says "no OWNER shall lease his residence for a period of less than 30 days". Since the tenant is the one doing airbnb, I (the owner) did not violate this rule. But HOA insists that the rule "any failure of an Occupant to comply with the governing documents shall be a default under the lease, regardless of whether the lease so provides." means that all rules apply to the tenant including this rule about no short term lease. But I told them that this rule specifically applies to OWNER so the tenant didn't break it. So I need a second opinion

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2 Lawyer Answers
George W. Wolff Esq.
George W. Wolff Esq.
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in California

A: I think that's too technical an approach as you have some responsibility for what your tenant does.

Does your lease with the tenant require the tenant to comply with the rules and Cc&Rs of the HOA?

It should to protect you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Your property is subject to the CCRs, not just you. In old English, they "run with the land." You cannot avoid their limitations by leasing to someone without subjecting them to the CCRs. In theory, you lease is void or voidable. Next, your tenant essentially becomes your agent as the Occupant of the property, and you and your agent, must comply with the CCRs. You are facing "cease and desist" demands from the HOA, and the imposition of a lien on your property to cover the HOA for the const of enforcement of the CCRs. Your tenant is in violation of the CCRs and even if you did not reference them in your lease (a Realtor form lease would do that) you can serve him with a 3 day notice to correct or quit, as well as a 30 day notice to quit. It is difficult to believe that you did not know the tenant was going to sublease on Airbnb, in violation of the CCRs, therefore, you would be complicit in all these rentals. I bet your nieghbors don't like it either.

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