Are Rentals Allowed?

Started by CherylH • 3 replies • 1059 views

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CherylH (Georgia)
Posts: 4

Posted:

We belong to an HOA in GA. We want to rent our home out and maintain ownership. Knowing this, it seems the the nboard passed an ammendment, voted on by the majority to keep home owners from renting their homes. The new ammedment states that the homes must be occupied by owners ans consist of spouses and children only. Room mates need approval from the board. How can they regulate who stays in your home. As long as the house is kept up who cares if it's rented. This doesn't seem like fair housing. Any place I can get answers?

GlenL (Ohio)
Posts: 5,491

Posted:

It may or may not be valid. You need to look the documents you signed when you bought into the HOA. If rentals were not banned in the original documents and they amended the documents as specified in the documents then it may very well be valid; if they simply passed a rule then IMO it is not valid. You may need to consult an attorney on this matter.

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DonnaS (Tennessee)
Posts: 5,671

Posted:

Cheryl,
Did the Board pass the amendment or did the majority of the homeowners pass it? Unfortunately, the States have not gotten involved in regulation of rentals in HOAs and that has caused many problems for people like you who would like to rent out their homes. No Federal laws affect rental banning either. Your best bet is in your own Documents to make sure that the amendment was done with full compliance of your documents so read them very carefully to make sure that everything was followed to the letter.

HaroldS (Arizona)
Posts: 906

Posted:

Absolutely. To add such a restriction would require an amendment to your CC&Rs, by the proper percent specified, because it is something that can affect the value of your property. I suspect if this was an amendment, you would have been aware of it going on. So it sounds like something done at a monthly meeting and if approved by any members, just by whoever happened to be there. Request documentation of this change from your board or property manager.

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