Cohousing-L Mailing List: Re: Limitation of number of renters question

[Ann Zabaldo (zabaldo]

Hello Elliot and all —

You might find this article from 2013 illuminating in re: a condo’s ability to 
restrict rentals.  It’s from MA:

https://meeb.com/legal-alets/yes-you-can-restrict-condominium-rentals-but-beware-unintended-consequences/
 
<https://meeb.com/legal-alets/yes-you-can-restrict-condominium-rentals-but-beware-unintended-consequences/>

The above article has two compelling examples of why some allowances for 
renting is advisable if your values include allowing owners avoid foreclosures 
and keep their homes.


Since you are from CA ditto this one:

https://www.echo-ca.org/article/hoa-rental-restrictions-laws-and-best-practices 
<https://www.echo-ca.org/article/hoa-rental-restrictions-laws-and-best-practices>

And in Washington DC where I live:

https://www.washingtonpost.com/realestate/your-condo-probably-has-a-rule-against-renting-your-unit-out-on-airbnb/2017/01/12/74844e78-d41a-11e6-945a-76f69a399dd5_story.html?utm_term=.d65ab46b873d
 
<https://www.washingtonpost.com/realestate/your-condo-probably-has-a-rule-against-renting-your-unit-out-on-airbnb/2017/01/12/74844e78-d41a-11e6-945a-76f69a399dd5_story.html?utm_term=.d65ab46b873d>

This article notes that FHA imposes restrictions on rentals — if you are FHA 
approved or want to be FHA approved for mortgages then rental restrictions 
apply.  This article is from 2017.

If your cohousing community is looking to restrict rentals I suggest doing a 
Google search to surface info critical to your state.  That will give you the 
basic information.  You may or may not need to consult a lawyer.

When crafting your rental restrictions it’s important to be aware of exigent 
circumstances.  For instance, a homeowner may be deployed for work to another 
district for a short period of time.  A homeowner may need to return home to 
care fo elderly parents.  Or, to go back to school.  Or, for financial reasons 
that would allow them to keep their home and return to the community if they 
get some breathing room.

Takoma Village Cohousing in Washington DC is owner-occupied housing.  We 
restrict transient uses for homes e.g. AirBnB.  We restrict the total number of 
units that can be rented to 6 of 43.  The rental period is 3 of 9 years (we 
have granted 1 year extensions in hardship cases) and the homeowner/landlord 
must be returning to live at TVC.  

Good luck crafting your policy, Elliot.  Let us know how you fare in this 
endeavor.  And reach out again if you have more questions, observations or 
challenges.

Best --

Ann Zabaldo
Takoma Village Cohousing
Washington, DC
Principal, Cohousing Collaborative, LLC
Falls Church, VA
202.546.4654

As long as you have two or fewer … your ducks are always in a row.  The Covert 
Comic



> On Jan 27, 2018, at 8:40 PM, Elliot Lepler via Cohousing-L <cohousing-l [at] 
> cohousing.org> wrote:
> 
> 
> I am a member of a 19-unit, 3 year-old cohousing community of older adults in 
> Mountain View California and am chairing a task force looking at developing a 
> rental policy. There is sentiment among our members to apply a limit of 3 
> units rented out of the 19 at any one time. There is concern about what 
> effect a larger number of rented units might have on the functioning of our 
> community. I worry that limit might be overly restrictive but would like to 
> hear if other cohousing communities have experience with a similar policy. If 
> this limitation is in the main stream my concerns would be alleviated to a 
> great degree. 
> I searched this list and found only one example posted in 2016 from Ashland 
> Cohousing Community of a limit of 2 renters in a community of 13 households. 
> Do the rest of you belong to communities with rental limits? How many units 
> compared to your total?
> Thank you in advance for sharing your perspectives.
> Elliot Lepler
> Mountain View Cohousing Community"
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