Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I purchased a house 17 years ago in my senior community for the purpose of renting. The board changes the rules and regulations frequently regarding renters. If I purchased this home under the original rules, am I grandfathered into these rules? I follow all the original rules and pay the fee they are asking for, but still they have added additional requirements and feel they can refuse me the right to rent.
As a general matter, people who own in an HOA are subject to the HOA rules, including any changes. However, the rules themselves may provide some relief, particularly if you have a lease in existence at the time a rule change comes into effect. Reviewing all the HOA documents, yourself or with the assistance of an attorney, will let you know whether there are any exceptions that may apply to you.
There may also be laws in your state which restrict the HOA’s ability to impose rental restrictions. These vary from state to state, so again, you should consult with a local real estate attorney.
