PUD Single Family Homes in NC. Can we control rentals?

I will give you a "heads up", your HOA may NOT control renters. It's up to the mortgage/lending companies to put restrictions. Unless the HOA has bought all the homes and there are no loans out, then they may be able to pass rules of limiting rental. Highly unlikely that everyone in the HOA doesn't have a mortgage payment.

Now I know many have posted that their HOA has put restrictions or addedums to their documentation. However, I dare say if an owner has a good enough lawyer, when push comes to shove, the restrictions won't pass the mustard in court.

Keep in mind that Renters can NOT pay the dues on the behalf of the owner. The owners are ultimately responsible. The owners must also inform the renters of the rules and regulations of the HOA. It's the owner's feet the HOA has to keep to the ground when rules are broken. It's the owner's investment property and they should be concerned on it's upkeep anyways.

I do want to make sure you do understand "Renter's Rights". You may want to discuss what the laws are for Renters in your area. Did you know that a renter can stop paying rent today, and still have the right to live in the home for over 6 months to a year? Our county has 2 separate 10 day notices that have to be given to the renter before you can evict them. However, those 10 days do NOT count holidays or weekends. So if you give a notice in November or December, it could take longer. You may still have to pay additional costs related to having the Sherrif's department put the person out as well. (My eviction costs on my Renter was several hundred dollars.)

Renter's rights are OUTSIDE of any HOA documentation. They can be part of local, state, or even federal laws. The real issue is making stronger owner's rights to evict unruly renters out rather than restricting renters allowances. Not all renters are bad. Some cases, the owner's need someone to rent while they had to move out of town for job oportunities. Even out of state owner's/investers need tenants. Would you rather see abandoned houses or one's that are lived in?

It's good your asking an attorney questions. They can get you in the right direction. Just be careful of the costs. They can charge you for phone calls or emails. There's the Retainer fee plus hourly rates. Make sure the lawyer is educated in Contractual/Business/corporate laws. This isn't necessarily a Real estate issue. It's a contractual agreement one.

MelissaP - I have an example from a local attorney that would show that Arizona allows rental restrictions. I do not know if any further appeals were made.

"Arizona Court of Appeals Upholds Association’s Right to Restrict Rentals in an Association
On December 22, 2005, the Arizona Court of Appeals made a landmark decision regarding an association’s ability
to restrict rental properties in a community association. In Vales v. Kings Hill Condominium Association, the Court upheld an association’s amendment to its CC&Rs prohibiting an owner from renting his/her/their unit in the association as soon as the first of the following was to occur: 1) sale of the unit by the owner(s) of the unit at the time the amendment was recorded; 2) death of the owner(s); or 3) if the owner(s) at the time of adoption of the amendment ceases to rent or lease his/her/their unit for more than three consecutive months. Arizona law was previously silent regarding an association’s ability to restrict or eliminate rental properties in an association.
To obtain a full copy of this case, go to www.cofad1.state.az.us/opinionfiles/CV/CV040816.pdf It is important to
note that in most cases, in order to implement a rental restriction, an association will need to obtain the requisite approval of the membership to amend its CC&Rs."

JeanneK3 - Do you know if this applies to homes or just condos / attached dwellings. Also, do you have a link to more information on the restriction? Although we are in North Carolina, it may be a good reference to take to our lawyer.

Thanks for all of you help and advice.
KathyF