Legal Question in Real Estate Law in California

Real Estate law question - Is there anything in the law that would stop me from, in essence, "time sharing" a home in a neighborhood for short term occupancy. It wouldn't be a vacation rental type thing because it would be a small group getting intermittent access.

Asked on 8/30/13, 9:47 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You need to consult with an attorney in person. This question involves too much questioning by an attorney to be answered here. If you live in a common interest development, governed by a declaration of restrictions, then you may be restricted from doing a time share based on the recorded declaration. There may be local laws and zoning ordinances involved. Go see a competent real estate attorney near you to handle this question.

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Answered on 8/30/13, 10:13 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Roach is basically correct. There is no blanket law against it, but there may be zoning or other particular restrictions on any given property. If there is common ownership or money changing hands, that will also raise a number of legal issues and create legal relationships that you will need to understand and almost certainly document. Multi-party real estate activity other than simple residential rentals or purchase/sale almost always calls for at least a few hours of attorney assistance and review and that few hundred dollars is almost invariably money very well spent. Far cheaper than paying a litigator if disputes or other issues arise.

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Answered on 8/30/13, 10:33 am

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