Condo and townhome owners who are serious about challenging an HOA’s rental restrictions should seek legal advice. An attorney will analyze the interplay between the association’s Governing Documents, HOA records, federal laws, state statutes and court decisions. That analysis will reveal if the process used to adopt the rental policy contained significant flaws. [Read More…]
Frustrated condo and townhouse owners who are not allowed to rent out their units under the HOA’s grandfather clause or a hardship exception often ask “Is there anything I can do to challenge the rental policy?” The answer is yes, but the challenges will not be quick, easy, cheap, or necessarily successful. The options include: [Read More…]
What can homeowners do when they are caught between the need to rent their condo or townhouse and a policy that restricts rentals in the HOA community?
There are two main policy exceptions to explore – grandfather clauses and hardship exceptions. First, review the HOA Governing Documents. Was the rental restriction an original provision or was it added later? [Read More…]
Over the past 10 years, many Home Owner Associations have sought to amend their Governing Documents to restrict leasing. This topic is so volatile, it could be called the “third rail” of HOA decisions. In fact, one law firm’s PowerPoint presentation on this topic starts with the slide: Rental Restrictions: How to Best Create Dissension and Animosity in Your Homeowners Association. [Read More…]