HOA seeks to prevent renting a room in condo or casita

[Devinitra]

What is the name of your state (only U.S. law)? California.
I just won a small claims case against HOA for not letting me rent a room in my condo or rent my casita. HOA appealed and lost the appeal. Now, one month later, HOA sent out letter asking people to vote to amend CC&R's so people can only rent their condos as a whole (vacation rentals). This would mean owners cannot rent a room in their condo or their casita.
The reason given is that the board said it makes the community "feel like apartments".
I read the law and it was discussed on appeal Civil Code 1368(1)a. It says that if the rental restriction is imposed by amendment, if it is "unreasonable" it is ""void". What does "void" mean?
It is unreasonable because it has nothing to do with relating to the protection, preservation or property operation. It is unreasonable because only people with second home, without disabilities, or other limitations, can rent their homes, which is discrminatory. It contains a provisiion that rooms can only be rented to family or caregivers, which is discrminatory against the general public of renters. Also The serious consequence to the restriction is that people who depend on income from renting a room or the casita to pay their HOA dues may face foreclosure. The severe consequence would be foreclosure for the people who do not have second homes to go to so they can rent out their entire condo.

The HOA did not give people time to send out the law to people prior to voting, so the members only have the Board's request that they amend the CC&R's. I'm amazed, that many of the homeowners are blindly going along with it.

The letter also tells the members that this is a common practice in HOA communities - giving them the feeling that it is common for people not to have the right to rent a room in their home. Whereas I feel there is probably no condo community in California, if anywhere, where there is a restriction from renting a room in one's own home.

What can I do? A board member has also been lying about my former tenant to get votes. This HOA just got another judgment against them for $2 million including $400,000 in bad faith damages.
sWhat is the name of your state (only U.S. law)?

[HomeGuru]

Originally Posted by Devinitra

What is the name of your state (only U.S. law)? California.
I just won a small claims case against HOA for not letting me rent a room in my condo or rent my casita. HOA appealed and lost the appeal. Now, one month later, HOA sent out letter asking people to vote to amend CC&R's so people can only rent their condos as a whole (vacation rentals). This would mean owners cannot rent a room in their condo or their casita.
The reason given is that the board said it makes the community "feel like apartments".
I read the law and it was discussed on appeal Civil Code 1368(1)a. It says that if the rental restriction is imposed by amendment, if it is "unreasonable" it is ""void". What does "void" mean?
It is unreasonable because it has nothing to do with relating to the protection, preservation or property operation. It is unreasonable because only people with second home, without disabilities, or other limitations, can rent their homes, which is discrminatory. It contains a provisiion that rooms can only be rented to family or caregivers, which is discrminatory against the general public of renters. Also The serious consequence to the restriction is that people who depend on income from renting a room or the casita to pay their HOA dues may face foreclosure. The severe consequence would be foreclosure for the people who do not have second homes to go to so they can rent out their entire condo.

The HOA did not give people time to send out the law to people prior to voting, so the members only have the Board's request that they amend the CC&R's. I'm amazed, that many of the homeowners are blindly going along with it.

The letter also tells the members that this is a common practice in HOA communities - giving them the feeling that it is common for people not to have the right to rent a room in their home. Whereas I feel there is probably no condo community in California, if anywhere, where there is a restriction from renting a room in one's own home.

What can I do? A board member has also been lying about my former tenant to get votes. This HOA just got another judgment against them for $2 million including $400,000 in bad faith damages.
sWhat is the name of your state (only U.S. law)?

**A: and where is your attorney?

[Devinitra]

Sorry, I just found this reply today for responding so late.
I think you mean by "where" as in "extant"?

Maybe you've figured out if I need to rent a room, I can't afford one. I did have an attorney from Santa Barbara help me with the appeal. The attorneys here charge about $350 an hour.
Maybe I'll contact the attorney in Santa Barbara to see what she says.

There are only about maybe 3 homeowners here who don't have second homes, out of 340.

[HomeGuru]

Originally Posted by Devinitra

Sorry, I just found this reply today for responding so late.
I think you mean by "where" as in "extant"?

Maybe you've figured out if I need to rent a room, I can't afford one. I did have an attorney from Santa Barbara help me with the appeal. The attorneys here charge about $350 an hour.
Maybe I'll contact the attorney in Santa Barbara to see what she says.

There are only about maybe 3 homeowners here who don't have second homes, out of 340.

**A: ok, good luck to you.