How would the HOA even know that there is a temporary paying short-term resident?
What kind of "police" would the HOA send? What eviction/inspection rights do HOA have? The HOA has no authority to trespass or ask for identification, only a peace officer can, a search warrant or a court order from a judge. Hence, the HOA has little to no power other than paper warnings. Even then, the homeowner can argue that it was not a paying customer, it was a long lost friend from out of a town, an ex, a family relative, etc. HOA has no right to request/establish identification, again, still requiring a court order. The HOA would then need to file for a subpoena to release rental records from airbnb for that home. I mean, how much money/time/fight do they want to invest in? This is really no different than just a domestic issue, for when noise becomes a problem, the acting peace officer with executive authority can make and enter the premise to detain, question, file a report, and/or arrest. Imagine an HOA becoming an investigative agent (peeping tom) and taking pictures through a window. Oh the legal madness the HOA could get into, then there goes the HOA reserves that the community so nicely saved up for to pay for repairs/maintenance that gets spent on paying for lawsuit settlement. Didn't Erin Andrews CNN sportscaster get millions for peeping tom incident?
There is nothing in the CC&Rs of any Irvine community that I can think of that specifically prevents homeowners from freely allowing their friends, family, relative, or dog to stay in their home short or long term regardless of race, color, or religion. The owner just needs to argue that there is no short-term lease/contract in place and if they want to find it, they need to file a subpoena.
yeah I think the HOA isn't that bored to police this.
