Can an HOA leggally do this?

6 Replies

I rent a home in an HOA. Part of CC&R says that the HOA can 1- limit the number of homes in the association being rented, and 2 - Force me, as the landlord, to get their approval/permission before I can list the house for rent, after a current tenant moves out.

So far, I've not any problems (other than their slow response to my requests and questions), and I try to "play nice", just to keep things running smoothly between me and them. 

My question is, can an HOA legally prevent me from renting? If I choose to rent, without their permission, what could they really do?

I ask simply because, if I have problems down the road, I want an idea of where I stand legally - and yes if I have problems I'll get an attorney involved. 

Thanks

Please take my advice with a bucket of salt, but I would think that if you signed a contract with them stating that would be the case, then I would imagine they could enforce that.

In a gated HOA, they can prevent your tenant from entering by withholding the transponder or not allowing them past security. If it's not gated, they could have your tenants' car towed if they don't have a parking sticker.

We own condos in FL, and all of them require the tenant to be approved prior to move-in. You can be fined if they find out you allowed them to move in without approval. And depending on the Rules and Regs, they could initiate an eviction.

Yes, they can absolutely enforce both of those clauses.

Please understand, I am not an HOA apologist. I think they are largely ridiculous. But the fact is that you didn't have to buy in an HOA, and when you did, you signed up for their rules.

The percentage of rentals in a community can impact FHA financing, so a great many condo associations restrict rentals.

Richard C.  I'm well aware the I "signed up for it".  I also totally understand why they have the rules in place.

I talked to several Landlords who rented in the HOA before I bought, and none had had problems. I haven't had problems other than it usually takes them 2 weeks to respond. I do regret not talking to an attorney (rookie error), to know exactly what my legal resources were, if/when there are problems. It sounds like if I have problems with them I'm stuck.

@Clint Cook

I invest in condos that have HOA's. I make sure that I am active in the HOA and that either myself or a proxy (I have the world's most awesome mother!) attending the annual meetings (or any other meetings they organize). I want to know what the issues are, I want to vote on those issues, I want to get to know other owners, I want them to know me as a good and responsible landlord. Some HOA's, the condo association is small or its self-managed, have a lot of scope for owners to be actively involved. Imagine if you get on the committee that reviews applications for owners wanting to rent out their units. You'd probably have to recuse yourself if an application came up for your apartment but what are the chances that they'd turn you down?

Yes, they generally can.  As part of the rule, there is typically an "Enforcement" section stating what the penalties will be if an owner violates them.  Make sure this has been put in place because if it's not in writing, they can't enforce it.

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