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PDF Editor FAQ

What are some common restrictions placed for condominium Home Owners Associations in their covenants, conditions and restrictions (CC&Rs)?

Some others:Rental Restrictions - They can limit short term rentals, charge fees to rent your home, request copies of your rental agreements and demand certain provisions are included in your rental agreements.Age Restrictions - You have to be 55 or over to purchase in some communities.

In California, can landlords take money out of a security deposit for a “cleaning fee”?

Someone in this situation should not be relying on Quora. This is for discussion purposes only; it’s not legal advice and please don’t consider me your lawyer. Anyone in this situation should consult an experienced attorney who can review everything . Assuming this to be a hypothetical question, the short answer is: “yes” if the rental agreement provides (as many do) at the end of the lease term Tenant must leave the unit “clean” and, if the amount actually charged by Landlord is reasonable and otherwise consistent with California’s covenant of good faith and fair dealing, and, if there is no local ordinance to the contrary.This still leaves open the question as to what “clean” means in this instance. Does “clean” refer to that specific level of cleanliness extant when Tenant moved in? Does it refer to that level of cleanliness which would be typical for that sub-market in instances in which Tenant made a good faith effort and Landlord did not charge an additional fee? Does “clean” only mean a level of cleanliness sufficient for Landlord to re-rent that unit without needing a professional cleaning crew? Or does lease language about tenant’s duty to leave the premises in “ good condition less reasonable wear and tear” somehow diminish what otherwise might be considered “clean”? All are among the many reasons to consult one’s own lawyer.

Why do HOA and condo associations restrict short-term and Airbnb rentals?

Even though we are an association of single-family homes (not condos or townhomes), we have several properties which are Airbnb destinations, or what are called “luxury rental homes” which are also short-term rentals (renters stay two weeks or less).We discourage this practice.We are against the practice for a number of reasons:A community of single-family homes (where residents buy property to raise their families; long-term single-resident ownership) is not conducive to short-term, in-and-out renters. We have our fair share of homes which are leased, but those are long-term rentals (i.e. residents in place for 6 months or more).If the property is not immaculately maintained and constantly monitored, short-term renters leave the place in far worse condition than they found it. Even leaving the place slightly worse than it was found, over the long term, and with many residents cycled through it, leaves a property looking pretty ratty, pretty quickly. Most owners don’t put the time or effort in to maintaining the property in the way in which it should be maintained to keep neighboring home values high.Houses used exclusively for short term rentals universally lower surrounding home values. No one wants to buy a house next to a motel. Even if it’s marketed as a “luxury rental” property, it’s a motel. Average renters stay for two weeks or less.It puts tremendous wear on the streets, the driveways, and the house itself.The renters have ZERO regard for the covenants, and have no interest in following any of the neighborhood rules, which leads to many dissatisfied neighbors.It introduces an insecure element into the neighborhood: in an area where neighbors know their neighbors and derive a sense of security from understanding what’s going on around them, short-term rentals do not fit.The easiest and quickest way for a neighborhood to combat this is to put in place a covenant amendment which requires the Board to approve every rental. Along with an application fee, a rental agreement must be reviewed and approved by the Board before it can be entered into. Because it is part of the covenants, a home cannot be rented legally without following this rule. And since the Board can take up to 30 days to review and approve an application, that essentially puts the kibosh on Airbnb or short-term rentals.

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