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- Category Archives: "Use Restrictions"
Many lawsuits challenging community associations’ efforts to enact or enforce rental restrictions don’t do very well in court. In fact, courts have usually upheld such lease restrictions – including limits on lease terms, occupancy and usage as well as outright bans.
The problems usually arise when governing documents are amended and owners find they can no longer rent their units, or can’t rent them for fewer than 12 months or rent them to five co-eds. To the uninformed owner caught short by a covenant amendment, the prevailing opinion is that, when you bought the home, your governing documents permitted such changes. In other words, owners should know that documents – and the activities they allow – can change.
If you are thinking of buying a property in the US, one term that you would repeatedly come across is the Home Owners Association Rules or HOA rules. HOA rules are development specific and define the rules applicable for all the residents of that development. Each and every development in the US would have HOA rules framed by the HOA. Studying and understanding these rules is of great relevance and significance when one is considering buying a property in the development. An HOA gets formed immediately upon the birth of a new development. As more and more members start living in the development, the HOA feels the need to define an acceptable code of responsibility and behaviour amongst all its members. This is what the HOA defines for all its members. The objective of these rules is to help all the residents enjoy their stay in the development without infringing the privacy and space of the others. These rules would list down what the members of the development are allowed to do. At the same time HOA rules would also contain a list of everything that is prohibited in the development.
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