Owners vs. Renters

Started by TomS10 • 3 replies • 1540 views

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TomS10 (Tennessee)
Posts: 2

Posted:

My HOA recently adopted a rule which states that owners can have two cars on the property but if they rent their unit the tenant can only have one car on the property. (The lease are all over one year) Since most of the owners are retired with one car and most of the tenants are working families with two cars this has the effect of making the units more difficult to rent and adversely effects the value of the properties.

My question is can the HOA have different rules for owner that live in the property vs. owners that rent. If seems to me that all owners should be treated the same.

The property is in Tennessee and any comments or references to court cases or statues would be appreciated.

BarbaraM7 (Virginia)
Posts: 86

Posted:

We have a rule that each person gets 2 parking spaces with their property, wheither they are an owner or a renter. Check your disclosure packet. Who gets to use the second parking space that the renter is not allowed to use? Visitors or other residents? Are they numbered spaces with the number of the unit on the spaces? Did you have a majority of the community vote on this new rule, or did the HOA Board come up with this themselves?

HaroldS (Arizona)
Posts: 906

Posted:

I have a feeling if taken to court, the judge would find this rule unreasonable. Harold

RaymondC (Minnesota)
Posts: 64

Posted:

You say it seems all owners should be treated the same. Not really so as it depends on your bylaws, but irrelevant in any event, because renters are not owners, and you can indeed have different rules for them.

The owners decide the rules. They are what the renters must live with. I doubt this rule has done much to affect property values. Is there any evidence that you must charge below market rates for rentals there, or that sales prices of property are directly affected by this?

Try to deal with facts more and feeling less. It's easier on everyone. : )

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