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HOA’s, Deeds, Rights of Way, CCR’s, Easements and Other Restrictions on Your Property
While your home may be you castle, you likely share that privilege, at least in part, with a variety of other interested parties, from access, to rules and regulations, restrictions and outright prohibitions. In addition to local, county or parish, state and federal laws, there are also zoning laws that place limitations on what you can do with your property, as well as when and how.
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Some HOA governing documents limit the use of owners’ units through use restrictions. One example: Limiting the number of overnight guests to 30 a year.
Are such rules permissible? Are they even enforceable? Here we discuss a few common use restrictions, their pros and cons, and better ways to skin the cat.
They’re Common, But Can You Enforce Them?
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You can place restrictions on renting units, but you might want to try some other strategies first.
When community associations start discussing what they should do about renters, it is often because of a horror story. In the last several years, I have helped associations deal with renters whose alleged activities have included loud parties; fights and disturbances; child abuse; strange people coming and going at all hours of the day and night; drug dealing; prostitution (both male and female); car break-ins and apartment burglaries; vandalism and other abuses of property; harassment and assault of managers, board members, owners, and other tenants; and every other conceivable social ill. While these kinds of activities sometimes involve owners, usually the perception is that renters are problems.
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With a troubled housing market pressuring more homeowners to rent their homes, many boards are taking another look at rental restrictions.
Kathleen Retz, president of the board of chinook Manor Homeowners Association, describes her situation as a “Catch-22”. Retz is concerned about the increasing number of rentals in her 30-unit condominium building. She says renters “tend not to care as much about the quality of the lifestyle of the community.” And she is aware that her community could be less attractive to home buyers – especially those who need financing – if the number of rentals goes too high.
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* These articles and related content on this website are provided without warranty of any kind and in no way consitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).