Alcove's business model is new, but that doesn't mean it is breaking an HOA's CC&Rs
HOA's may confuse Alcove's model with those of Airbnb, VRBO, and other short-term, rotating door models. That said, Alcove's leasing model complies with all State and Local rental laws, as well as most HOA CC&Rs. Further, all signed leases are protected by Federal, State, and Local housing laws, which supersedes any HOA covenant. Regardless of the HOAs reasoning, Alcove landlords have successfully educated their HOA boards on this leasing model and how it is in compliance with HOA CC&Rs, as well as the overarching HOA goals.
Landlord Responsibilities:
As the legal owner of your property, Landlords are responsible for reading, understanding, and complying with your HOA's rules and regulations. Moreover, owners are directly responsible for any legal costs, fines, or penalties incurred as a result of non-compliance with these rules. Alcove does not communicate directly with HOAs, except for unique and rare situations.
Alcove Responsibilities:
Alcove is here to provide assistance and guidance for any landlord who is targeted by the HOA for leasing through the Alcove platform. Additionally, the Alcove platform is built for seamless communication between landlords and tenants, as well as a place to file and share evergreen documentation, such as HOA CC&Rs.
I Received a Notice. Now What?
Steps to take if the HOA sends you a violation notice regarding improper leasing:
- Calmly reply confirming receipt and request clarification of the following:
- Request the specific HOA covenant or restriction that is being broken per the board.
- What actions the HOA is asking you to take and within what timeframe?
- If there are any particular noise, parking, or visual complaints that neighbors have brought to the HOA’s attention?
- What, if any, penalty the HOA will charge to the landlord if you are unable to meet their expectations?
- What is the process to dispute the violation? Is there a form to submit? Can you request a hearing? Is this something that you can bring up during a community meeting?
- Forward the HOA’s notice and your reply to the Alcove Landlord Partnership team partner@alcoverooms.com
- Schedule time to discuss further steps with the Alcove Landlord Partnership team (Scheduling Link)
- Continue to maintain clear records of your lease agreements, tenant documentation, and any communication with the HOA. If needed, provide evidence that your tenants are complying with the laws and community regulations.
- Consult your legal counsel for any legal information, or advice, and to further discuss the legal aspects of the notice and issue if you wish to do so.
The HOA Violation is Specific to:
- Property Appearance and Management Fines
- Incidents of Nuisances in Community (noise complaints, illegal parking, disrespect, etc.)
- Short-Term Leasing Rules
- Partial Property Leasing
- Housemate Relationship / Structure
- Lease structure
- General Safety, Compliance, and Property Value Concerns