The owner has made a contract with the renter and essentially the owner guarantees that the renter can occupy the unit. The owner is responsible for following rules (or making sure that the renter follows rules). The HOA has no contract/ agreement/ business relation with the renter. Very good point, as (1) changing bylaws is often a multi-year project and (2) the search for signatures would make OP aware of what was in process.Īnother point to keep in mind. Long distance fighting of this may be difficult though.Įdited to add that Elric was posting a similar response. I suggest you get more details as to how and why the bylaws were 'changed' and if they were legally changed. I have been involved with our HOA as an officer and otherwise for more than fifteen years and it is not easy to change the bylaws. In accordance with our bylaws it requires 75% of the homeowners to approve any changes to those bylaws. In accordance with the bylaws, what does it take to amend them? I live in a subdivision where we have a HOA. As owner of the property you should have had a copy of those bylaws when you assumed ownership. You indicate you are the homeowner of the property in question and that the bylaws were recently amended. If they are one of the HOAs that is very heavy on the 'power over people' side, you may find yourself wanting to sell. You can enforce it on anyone that accepts the amendment, or on anyone that buys after the amendment.Ĭheck your state law and/or consult an attorney.Įven if you are legally entitled to continue, consider whether the HOA will become vindictive over it. In Florida, you can't enforce this on existing owners if you're changing it. Can your tenant buy it using some form of owner-financed transaction? I'm guessing that they can't make you terminate a lease that is underway, but you likely can't renew. You can check with an attorney, but you are probably out of luck.

We don't currently have any rentals, and are being very careful to make sure we comply with all laws. This to help keep airbnbs out, but also to preserve the exclusivity of the place.

We are currently preparing to change our by-laws to prohibit all rentals. We currently allow only annual leases following a lengthy application process. I'm on the board of a small HOA with relatively expensive properties. Best to review it with a real estate attorney in your state. I would think you have a very good case to go to court and demand that your rental be grandfathered in, but I guess it comes down to the HOA contract you signed when you bought. What that percentage is I have no idea, but it isn't 1 house. One rental doesn't kill a neighborhood, but certainly a neighborhood where a large percentage of renters has a different feel than one that doesn't. I live in an upscale neighborhood (thankfully one without an HOA.) I know of at least one rental (owned by a resident of the neighborhood) and a basement rental or two. No matter how nice and quiet the renter might be.

Although I must say that if I bought a property in an upscale neighborhood and found out that I had moved in next to a rental property, I would NOT be happy. I would seek legal advice and see if you are ‘grandfathered’.Īgree.

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