Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?
There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next week about it but we weren't sure...do we need to amend our covenants and file that with someone to make it legal? Or is the passing of the rule recorded in the meeting minutes sufficient?
A: Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer as - First, engage services of a real property (real estate) attorney who has experience in drafting/litigation covenants, restrictions, etc. Discuss in precise and specific terms exactly what you are trying to do. Listen to the attorney. Based upon my two decades of litigating real property issues, I must say that with very-very few exceptions, one should always file the "new" covenant(s)/amendment(s) in the land deed records of the county. One should understand that to be effective and enforceable, these provisions must be on public display for the world to see. Meetings minutes will not suffice to display things to the world.
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