The property is in a neighborhood zoned R-1A, title is Lake Minnetonka Associates, LLC. They are advertising on 8 different websites for short term rentals in this residential community. The City Council says they can rent the property with a minimum of 30 days. We disagree with the Council and need to know is an LLC a business or not? If they are a business, they will not be allowed to do this short term rental in this zoned residential R-1A community.
Land Use / Zoning Attorney
An LLC is a limited liability corporation, and is generally considered a business entity. LLCs are frequently used by individuals or groups to own property. Some LLCs are owned by single individuals and are treated as sole proprietorships for tax purposes. Whether something is considered a "business" for your situation may depend on the definition of business in your zoning code. For instance, if the concern is that a business is operating in a residential neighborhood where commercial operations are prohibited, then the question may be whether the LLC is acting as a business or if it is simply acting in the same manner as individuals who own and rent property. The later may not be prohibited, whereas say a store front business might.
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Lake Minnetonka Associates, LLC is registered with the Minnesota Secretary of State as a foreign business. It is a California company. Hope that helps.
Nothing in this answer should be construed as legal advise and does not establish an attorney-client relationship without a signed legal services agreement
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Real Estate Attorney
An LLC is a "limited liability company". A limited liability company is a business. I would be surprised if your city council members do not know that the LLC is a business. In general, a business can own property and rent that property to be used by individuals for residential purposes. However, you should complete a thorough reading of your City's Ordinances.
Nothing in this answer should be construed as legal advise and does not establish an attorney-client relationship without a signed legal services agreement.
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