HOA Rental Policies – Procedural Flaws That Matter

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...]

How to Challenge an HOA’s Rental Policy

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...]

HOA Rental Exceptions – Grandfathering and Hardships

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...]

Rental Restrictions – The Third Rail of HOA Policies

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...]

HOA Rental Restrictions – Owner Perspectives

My homeowner association is trying to take away my property rights!  They say I can’t rent my home to a tenant.  They can’t do that!  I’ve lost track of how many times I’ve heard those words from upset owners of condos and townhouses. … [Read more...]

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