Is My Rental Unit Subject To The HOA Rules?

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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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney