HOA Rental Restriction

[Frank S.]

Approximately 4 years ago I purchased a property in Nevada that has an HOA with rental restrictions on certain lots (such as the one I purchased). During my due diligence period I confirmed with Association and the board that they were no longer enforcing the restrictions. In both instances it was said that once a community goes years without enforcing rental restrictions it sets a precedent. I just recently received notice that the board will start enforcing these rental restrictions. Has anyone successfully challenged a rental restriction? Selling at this time would not be the worst thing since the value has increased but the original intent was buy and hold. Thank you in advance for your replies.

[Casey Powers]

In my non-lawyerly opinion, this sounds a lot like a situation created when landlords don’t enforce the rules of their leases. I would seek legal advice about challenging this, since they have not enforced it in several years and even stated such when you bought the property. I would also dig up whatever written verification of them not enforcing the rule.