Short Term renting in a HOA Community ( North Carolina )

Short Term renting in a HOA Community ( North Carolina )

Shallotte, NC · Member since 2013 · 130 posts · 16 votes

Hi,

My wife and I bought a foreclosed waterfront property on a saltwater river, great for kayaking and fishing. It is the perfect weekly rental located 6 miles from Holden Beach and 10 miles from Ocean Isle Beach, NC, and tons of Golf Courses. We have been working on it since late 2015. It is in a HOA community. I realize that we must follow the HOA rules. Nobody in that neighborhood does weekly rentals, as far as I know, but we really don't want to sell the home right now.

Are there laws as to what goes on inside of my home or whom I can let stay there as long as they follow the HOA rules that I post for them?

Can the HOA prevent us or change their laws after we have purchased a home so that we can't rent it anymore on a weekly basis? Flipping or renting it was always my intentions when I purchased it and the by-laws says that I can rent or lease it. It does not specify weekly, monthly, or yearly.

I wanted to pass it by you guys before contacting them about it, so that I might know what to say and / or how to say it.

Any feedback will be great.

Below, is an article that I found on a NC Law Website tonight.

The Right to Rent

There is a common and widespread misconception about a property owner's ability to rent the owner's property. All too often, that ability is considered a mere "privilege," similar to the privilege of an owner to use the community pool or clubhouse, or to park a specific number of cars in a driveway. In fact, the ability of a property owner to use the owner's property as the owner sees fit, including renting its use to someone else, is one of our nation's most fundamental and legally protected rights, jealously guarded by the courts. This means that serious and demonstrable reasons for restricting the right must be proven by the party attempting to enforce restrictions on rentals, and that all ambiguities and questions of enforce-ability will be resolved by the courts in favor of the free use of the property.

Additionally, courts are very reluctant to enforce rental restrictions imposed on an owner after the owner has purchased property because such restrictions can strike at an owner's reasonable expectations for investing in the restricted property. Understanding these basic premises allows a homeowners' association and its members to accurately begin evaluating any proposed restriction on rentals.

http://www.wardandsmith.com/articles/nc-rental-restrictions-in-hoas

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  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    I would not ask the HOA to clarify this for you. Address it only if they confront you. If their rules don't specify that you can't rent on a weekly basis, but do say you can rent it out, then you can rent it out however you want to. That would be my argument. And I would only argue it - if they confronted me.

    Whereas, if you ask, and they say no, now you have a fight on your hands.  

    If you just go ahead, and they confront you, you can say, "Well, show me the bylaw that says I can't do this."

    And as your article above says, the courts will side with the buyer regarding "grandfathering" rules that were in place when you bought the place.  If the rules say you can rent, with no restrictions listed, at the time you bought the place, then that should be the case for you, even if they change the rules later on.

    That's my opinion, anyway.

    Realize, that HOAs are run by homeowners.  And the members on the board change.  These are not professional property managers, or people who know the law, usually.  They are simply owners, usually with an agenda, or owners who like to boss other people around.  They are not legal professionals.  

    So, remember that if/when they confront you. They are just lay people who happen to own one of the condos in your complex.  So, don't let them intimidate you.  Call their bluff if necessary.  But, just do what you want until they confront you in the meantime.  Then, get a lawyer, if necessary.

  • Adam SchneiderPro Member
    Lender · Raleigh, NC · Member since 2012 · 955 posts · 639 votes
    10y

    Mike, if anyone complains, tell them you'll buy them dinner at the Grapevine (my favorite restaurant near you), and that should seal the deal! Sometimes you are better off shooting first and asking questions later. Your neighbors probably appreciate that you improved a foreclosed property and may well be doing the same thing regarding renting their place.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    10y

    Are you aware of the tax laws concerning short-term rentals (think it's anything under 90 days) in NC?  

    See:  http://www.dornc.com/practitioner/sales/bulletins/...

    I am also on the same page as others here that if the HOA rules allow rentals, then as long as you are following NC laws and your renters do not violate HOA rules, you shouldn't have to ask your HOA for permission.

  • Shallotte, NC · Member since 2013 · 130 posts · 16 votes
    10y

    Thanks Everyone!

    I called an Attorney this morning, the one who wrote the article posted above. He said unless it states that the home can't be rented, nobody can tell you who can be in your home at any given time, what kind of clothes to wear, or what to eat for breakfast. He also said that if the HOA doesn't specify "no short term rentals" at the time of purchase that I am good to go with it. If they change the amendments to the law, just don't ever sign it.

    I called the HOA also. They said that they prefer long term renters, and they think that short term people will cause a lot of problems, but they said that for now, they do not know what more to say about it. I hated to call them but I would be a fool to book up a bunch of dates, with deposits, and then have to cancel them all. That would be a huge mess!

    Hum? 

  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    10y

    Don't be afraid if you need to in the future to tell the HOA to go pound sand. It's a regular occurrence in my neighborhood. They are bullies, and constantly try to enforce rules that don't exist on property they don't own! They think they have power they do not have.

    My neighbor across the street looks like part of my neighborhood, but, her house was there before the HOA so she is not part of it. They constantly send nasty letters to her demanding she does or doesn't do different things. Nobody even complains about her, they pay somebody to drive around and look for things to complain about.

    They even sent me a nasty letter about a truck I park legally on the city street. Apparently the truck offended somebody and it didn't meet their guidelines so they demanded I move it. I sent them back a "friendly" letter informing them they have no rights over the street, the truck was legally registered and insured, etc, and they are welcome to call the police if it offends them.

    They don't bother me anymore...

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    In a townhouse I lived in about ten years ago, they started a process to completely not allow rentals. No grandfathering or anything. I and just a few other homeowners tried to fight it and lost since they did a real good scare job of how "renters are evil" to the other owners, and we only had like 5% of the units rented at the time. The HOA can put in place whatever rules they want like this so long as they get the votes. And enforce with daily penalties.

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    Speaking of HOAs, one of the properties I own is in an HOA, the properties there are mostly rentals which is the only reason we even considered buying there. It's in the bylaws if you leave your trash bins out you get a fine. What is not in the bylaws and what they actually do is take your bin away. And you can only get them back during limited daytime hours. When tenants who pay are working...

  • Investor · Henderson, NC · Member since 2016 · 484 posts · 208 votes
    10y
    Originally posted by @Kimberly H.:

    What is not in the bylaws and what they actually do is take your bin away. And you can only get them back during limited daytime hours. When tenants who pay are working... 

     That sounds like outright theft...

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    @Account Closed yeah, it is. Insanity.

  • Shallotte, NC · Member since 2013 · 130 posts · 16 votes
    10y

    Thanks Everyone!

  • Rental Property Investor · Charlotte, NC · Member since 2021 · 6 posts · 6 votes
    4y

    Hi Mike,

    I know this is an other post but how did this play out? Did the HOA vote to ban STRs and if so where you grandfathered in because you purchased before the rule was put in place? We are specifically trying to find more information on whether the ability to STR is grandfathered if the HOA did not ban them in its inception? My father is in a similar situation. His property is in a HOA that has not banned STRs. He started to run one but the HOA sent him a stop letter. An attorney wrote him a letter citing NC case law that the HOA language did not ban STRs and that he could continue. His worry now is the HOA is going to meet and vote to ban STRs after his prior win with the letter. He is unsure about the community. Its small. He thinks that most of the residents would vote to ban but he is not sure they have the 80% votes necessary. He is trying to resolve things without burning bridges but some neighbors just want to be in each others business. Any thoughts or details of your experience would be appreciated.

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    4y

    Two comments/questions. @McKenzie Bagan I would be interested in a link to the case reference regarding "... attorney wrote him a letter citing NC case law that the HOA language did not ban STRs..." I would think that unless the Condo Declaration or recorded amendments to the Declaration state explicitly how owners can use their property, NC courts would side with (the defendant) an owner renting his/her own property. @Mike Lynch like McKenzie, I'd like to know how this played out. In a vacation centric area like the property you describe, I'd be surprised if they would put restrictions in place... but I'd like to know if that happened. 

  • Member since 2023 · 1 post · 3 votes
    2y
  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    2y
    Quote from @Adi Sivasankaran:
    Thanks for the link. This case reads exactly as I would have expected. This was an appeal after the HOA went after owners for a STR. Below is the conclusion, and more background (worth reading) begins on page 5 under "B. Analysis":

    III. Conclusion
    Under North Carolina case law, restrictions upon real property are not favored. Ambiguities in restrictive covenants will be resolved in favor of the unrestricted use of the land. A negative covenant, prohibiting business and commercial uses of the property, does not bar short-term residential vacation rentals. The trial court did not err in granting defendants’ motion for summary judgment and in denying plaintiffs’ motion for summary judgment.

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