Right but from a quick scan of https://www.leg.state.nv.us/NRS/NRS-651.html (admittedly very quick) it appears all he has to do is post a rate card for his maximum daily rate and not discriminate against guests.
From a quick scan of what I think is likely the HOA rules (http://valenciahoa.com/admin/uploads/r&r.pdf), you can't have sub-30 day leases. I'm not sure this is the right HOA, but from the Google Street View, the logos are the same.
Hy HOA (not in Nevada) has this exact same clause, and when I read about this, I wondered what his HOA would say. If I were an HOA, I'd be pretty concerned about AirBNB.
If I worked for the HOA and I saw this I would try to figure out if anyone knows I saw it. If not, I would ignore it. It's technically against the rules but OP seems to be doing a good job of managing it, and I doubt I could apply a higher standard to the rest of the units. I'd wait for a resident to bring the issue to me, which would hopefully never happen.
If I managed a ritzier condo complex I'd probably do something about it immediately rather than take a wait and see approach.
Former HOA president here (for a 77 unit building in downtown San Diego).
Short-term vacation rentals are forbidden here and they are absolutely shut down when found out. You can't 'manage' every single guest that comes thru - most will be respectful, but it won't take long before a group of college students use it as as a party pad. I lived next to one used for that purpose, and while I was on the board we had 4 others we fined to the point where it wasn't worth their while.
It's probably an insurance coverage issue, so ignoring it wouldn't be a good idea. Especially if the insurance company feels that you should have known about it.
Wait, why does my insurance company care about my HOA rules?
You've clearly got a bit of a nanny mentality about this. Maybe that's unfair.. But you have strongly criticized this and posted rebuttals to anybody disagreeing with you. All on the grounds of "this is probably bad, don't make your HOA [or govt, or insurance company]" mad at you.
I have to confess I feel a bit of... revulsion... in your advocacy of docile compliance. It must be the rebellious streak in me. But it's something I bet others here can relate to. I'm more of a "ask for forgiveness rather than permission" type of guy.
All that said, I won't be rushing out to buy a condo to rent on AirBnB. But I also would never sit on HN and try to argue against it because of HOA.
Though I also think you're totally within your rights, to be clear.
I think he meant the HOA's insurance (including liability) for the common areas of the complex. If the HOA's insurance found out that an HOA board member or property employee knew about a residency violation, they might have grounds to cancel the policy, which would just end up costing the HOA money, which would raise the monthly dues of all owners.
Your (as the hypothetical owner of an apartment unit) insurance cares about whether you are occupying the unit as you said you would. I'm sure you can purchase a policy for primary residence, long-term leasing, and short-term leasing. If you're violating your policy, it could be declared void at any time, in particular if you ever make a claim.
If I were a good insurance agent, hypothetically, I also wouldn't write an insurance policy for short-term leasing in a property where I suspected such use wasn't allowed. It would probably be in my best interest to get proof from the potential insuree that such use was permitted.
As for that rebellious streak, we're talking about an investment here, and ways that people might be breaking voluntarily signed contracts in order to make a few extra dollars (the real-estate agent should offer the HOA terms to any potential seller, and then you sign the HOA contract when you purchase the apartment). Also, I prefer disruptions to business models, not disruptions to living arrangement. As mentioned elsewhere in this thread, there is no upside to the other residents, it's all a nuisance to them.
As someone else said: The HOA representative should care about the HOA's insurance. If there's insurance covering e.g. common areas, it is problematic if the insurance does not cover short term lets and units are used for short term lets, because the expectations of damage from places e.g. rented out as party pads would be far higher than otherwise.
But this also means your insurance company should care, as depending on your policy, if your insurance company would be on the hook for damages not covered by the HOA insurance, it is very much in their interest to ensure that you are not doing anything in violation of HOA rules that might affect the HOA insurance cover.
So ask forgiveness all you want, but realise that your insurance may not be worth the paper it is written on if you break contracts that might affect insurance cover. And that's potentially a very high cost to pay for a "rebellious streak".
> You've clearly got a bit of a nanny mentality about this.
How is espousing that the right to swing a fist ends at another's nose "nanny mentality"? An apartment is in a shared property structure, with rules contracted into voluntarily, and in close proximity to the property of others. Insurance is offered as a contractual arrangement. No-one is forcing you to buy an apartment, but if you do so on the basis of a legal agreement around how you will use it with the co-owners of the building, breaching it justifiably attracts sanctions.
