Proxy's... Do you state the Question?

Started by WendyW • 3 replies • 1203 views

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WendyW (Georgia)
Posts: 13

Posted:

We are are small HOA (20 Homes) having our Annual Meeting on the 17th. We only have one item that needs to be voted on, - Limiting rental units to 10%. Should I, or shouldn't I put the question on the Proxy forms? Or is that more like a ballot?

Thanks!
W

GloriaM (North Carolina)
Posts: 829

Posted:

Wendy:

You better check with your State first. Limiting an Owners right to have an investment is illegal in some states. Here in NC you cannot limit the rentals in an HOA. They can place restrictions (guidelines) on the investor e.g. make him notify management, submit the lease agreement, making the lease 1- year and such, but you cannot limit it here in NC. Better check your laws first.

WendyW (Georgia)
Posts: 13

Posted:

Thanks Gloria,

We are in GA and are working with our attorney on this matter. We can limit rental units, but we need a full member vote. GA law allows for HOA to limit rentals, except where the owner of the property can claim "hardship". So there is a loop hole to any one who really wants it... But since we are small, we are trying to ward off investment buyers from buying us up and leasing them out. (We are Townhomes).

W

RickR3 (California)
Posts: 42

Posted:

Wendy,

In CA an HOA cannot limit how many homes are rented. This is fairly new, and if you pass a rule like that then your state changes you may have to again vote to revoke that rule. Better to put up stipulations, like copy of the lease, lease length minimums, etc. This makes it difficult for the homeowner but does not stop them.

Rick

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