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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.