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Short Term rental of owned property

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foadm_2000

Junior Member
What is the name of your state (only U.S. law)? Oregon


Thanks in advance for reading my post and sharing your valuable insight

My question pertains to the legality of short term lease/rent of condo apartments on
sites such as Airbnb.

here are some of the premises that I can think of that involves my situation.

1. I own the condo that I live in.
2. The condo is over its 50% + renter occupancy so the HOA does not allow renting of the units in a traditional sense.
3. The rules and regulation clause in of the Condo association indicates that "owner(s) who wish to rent their condo unit must fill out an application form and submit it to the association's management company"
4. There is no clause or section of the rules and regulations that states any form of regulation on short term occupancy similar to sites such as Airbnb which does not require a lease.

My question is that if the HOA does not prohibit the short term rental of the property without a lease (2 to 5 days), is it safe to assume that I have the legal rights to do so?

Thanks again
 


festival

Member
If the HOA does not allow rentals "in a traditional sense", then they do not allow rentals, including short-term rentals.

I suspect you are not considering all the rules. Your governing documents include the Declaration, bylaws, and "rules and regulations". The Declaration (as amended) usually has several rental restrictions, including a minimum length of time of a rental. If you get an application, you may find that there are other rules to help implement provisions in the Declaration.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Oregon


Thanks in advance for reading my post and sharing your valuable insight

My question pertains to the legality of short term lease/rent of condo apartments on
sites such as Airbnb.

here are some of the premises that I can think of that involves my situation.

1. I own the condo that I live in.
2. The condo is over its 50% + renter occupancy so the HOA does not allow renting of the units in a traditional sense.
3. The rules and regulation clause in of the Condo association indicates that "owner(s) who wish to rent their condo unit must fill out an application form and submit it to the association's management company"
4. There is no clause or section of the rules and regulations that states any form of regulation on short term occupancy similar to sites such as Airbnb which does not require a lease.

My question is that if the HOA does not prohibit the short term rental of the property without a lease (2 to 5 days), is it safe to assume that I have the legal rights to do so?

Thanks again
The biggest problem is that you do not understand the actual (legal) meaning of the word "lease".
 

foadm_2000

Junior Member
The biggest problem is that you do not understand the actual (legal) meaning of the word "lease".
That is what I am trying to figure out.

1. Is having a guest (who pays) from a site such as airbnb constitute a short term lease even though there is no signed lease? what is the legal definition of something like that?
2. If there is no restriction in the by law or declaration for short term leases then would it make such action legal.

Thanks again
 

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