Morrow, OH asked in Real Estate Law for Ohio

Q: Can an HOA create a rental cap?

We have quite a few homes being sold to rental companies and those companies do not respond well to any HOA rules targeted at making the home acceptable in appearance per our CCRs. Nor do they engage in any type of vote. Can we put a cap of 15% on rentals allowed?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: The HOA can amend its declaration by following the process specified in the declaration and recording the amendment in the county recorder's office. The HOA board can retain a local real estate attorney to assist with that process.

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