HOAleader.com - Tip of the Week - September 2, 2016
Published: Fri, 09/02/16
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Chicago Condo Sues Over Short-Term Rentals
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In this week's tip, we tell Chicago that, with all your wonderful qualities, you're a little behind other cities when it comes to going after short-term rentals.
A Chicago condo board has filed a lawsuit seeking to evict a tenant who has over and over violated the condo's short-term rental policies. The condo board has repeatedly fined the owner, but now it wants the tenant out. A Chicago lawyer says this is the first time he's seen a condo sue over short-term rentals, reporting that fining has typically fixed the problem.
Our experts, however, say these lawsuits are becoming all too common in the ongoing efforts to stomp out short-term rentals that violate condo policies.
It's the 1720 S. Michigan Ave condo association that's filed suit against a unit owner and tenant after apparently ongoing violations of the condo's six-month minimal rental policy, according to Crain's Chicago Business.
It reports that the association alleges in its lawsuit that the tenant, James Aina, rented a 17th-floor unit to visitors nine times in four months. Aina himself rents the condo from the owner identified in the Crain's report as Lai Shan To.
The two-bedroom condo was advertised on Airbnb, VRBO, and HomeAway, reports Crain's, for $155-$335 per night. The association repeatedly fined the owner to the total tune of $5,140.
The condo sued to have Aina evicted, and the judge has already issued an order preventing Aina from renting or advertising the unit while the litigation is pending. Aina was also ordered to cancel existing rentals.
"The concept of suing to evict the tenant isn't new," contends David Firmin, a partner at Hindman Sanchez, a law firm in Arvada, Colo., with about 1,600 association clients. "I have a number of associations try to go down that path. But here in Colorado, you have to have that express authority in your declaration. If you don't, you're getting in between the contract between the landlord and tenant. That's never an enviable place to be because what if you're wrong, and all of the sudden, the landlord has a claim against the association."
Lawyers in other states have also jumped on the lawsuit bandwagon. Read more, including how you can get local authorities to help you combat short-term rentals, in our new article: http://www.hoaleader.com/members/1426.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Chicago Condo Sues Over Short-Term Rentals
In this week's tip, we tell Chicago that, with all your wonderful qualities, you're a little behind other cities when it comes to going after short-term rentals. A Chicago condo board has filed a lawsuit seeking to evict a tenant who has over and over violated the condo's short-term rental policies. The condo board has repeatedly fined the owner, but now it wants the tenant out. A Chicago lawyer says this is the first time he's seen a condo sue over short-term rentals, reporting that fining has typically fixed the problem.
Click here to read full article: http://www.hoaleader.com/public/Chicago-Condo-Sues-Over-Short-Term-Rentals.cfm
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A New Twist on Short-Term Rentals? Condo Sues Tenant, Owner
A Chicago condo board has filed a lawsuit seeking to evict a tenant who has over and over violated the condo's short-term rental policies. The condo board has repeatedly fined the owner, but now it wants the tenant out. A Chicago lawyer says this is the first time he's seen a condo sue over short-term rentals, reporting that fining has typically fixed the problem.
Click here to read full article: http://www.hoaleader.com/members/New-Twist-on-ShortTerm-Rentals-Condo-Sues-Tenant-Owner.cfm
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HOA Reserves and Other Funding Options: How to Be a Smart HOA Money Manager
The more you know about how to fund your operations, the more confident you'll feel responding to owners who question your financial wisdom. Build that knowledge by joining a one-hour webinar on September 29 led by two community association experts. They'll explain what you need to know about HOA reserves and other funding mechanisms. They'll also reveal the smartest moves you can make to ensure your HOA can pay for needed maintenance and repair projects, and even community upgrades.
Click here to read full article: http://www.hoaleader.com/products/how-to-be-smart-hoa-money-manager-a.cfm
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HOA Pool Rules: When Urine Trouble with Fair Housing Regulators
In this week's tip, we tell you why your pool rule requiring children to wear swim diapers is probably unwise. Under the federal Fair Housing Act, associations can't treat families with children differently than other residents by unreasonably limiting their use of privileges, services, or facilities associated with a dwelling, states Kelly Morrow, an associate attorney at Orten Cavanagh & Holmes LLC in Denver.
Click here to read full article: http://www.hoaleader.com/public/HOA-Pool-Rules-When-Urine-Trouble-with-Fair-Housing-Regulators.cfm
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How to Save Money on Every Contract Your HOA Signs
Watch this information-filled webinar on how to develop an effective and easy-to-follow contracting process at your HOA, led by two community association experts with decades of hands-on experience in advising associations.
Click here to read full article: http://www.hoaleader.com/products/saving-money-on-hoa-contracts-b.cfm
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