How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I am a homeowner (Condo) in Howard Country Maryland. Recently

Resolved Question:

I am a homeowner (Condo) in Howard Country Maryland. Recently the homeowner association board authorized an addendum allowing the Association Company to basically dictate rental polices (leases only for 1 year, no subleases etc). Some of the other conditions in the addendum are very controling including authorizing the association as a third party beneficiary. When asked I was basically told I could not modify it and I had to take it as it is. Each addendum is to the owner individually. I also asked for clarification on some of the things The third party beneficiary was one and I was not provided that. If I do not sign and return it, my tenant will not be able to utilize the community pool. Do I have any rights at all in this situation.
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

Restricting an owner’s ability to rent his property in a HOA is a topic of much discussion and debate. The rational behind a HOA’s ability to restrict rental activity within an HOA is rooted in the ability to amend the HOA’s restrictive covenants to add further
restrictions binding the property. When an owner purchases a lot within an HOA, the owner is deemed to have been placed on notice that the HOA is a deed-restricted community subject to restrictive covenants, so long as restrictive covenants have been duly recorded with the county recorder in which the lot is located.

The vast majority of restrictive covenants contain an amendment provision, which would allow owners within the HOA to delete, alter, or add restrictive covenants. If restrictive covenants contain provisions that allow owners to delete, alter or add restrictive covenants, all current and future owners will be bound by any deletion, alteration or addition to the restrictive covenants, so long as the provisions of the amendment provision are met and the
amendment is uniformly applied to all owners.

If a HOA’s Declaration/Bylaw/Articles of Incorporation have a provision that allows them to be amended to add further restrictions on the property, then this fact places all current and future owners on notice that the CC&Rs may change, subsequent to his purchase of a lot, to add or remove restrictions placed on his property and as such, owners have no argument concerning a valid rental restriction imposed through a valid amendment to the Controlling Documents.

So the first thing you need to do to is look at the HOA's Declaration/Bylaws/Articles of Incorporation (i.e., the Controlling Documents) to determine whether the HOA has the power to make these restrictions.

If the documents show that the HOA does have this power, then you do not have any legal remedies, as the law in Maryland allows the HOA to make these sort of changes if they are originally empowered to do so through the Controlling Documents.

If the HOA does not have the power to make these changes as stated in the Controlling Documents then you could sue the HOA for a declaratory judgment to have the restrictions declared null and void.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 11 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

than you for your input. They probably have changed it to allow these restrictions. One of the other restrictions is saying I can only have a lease for 1 year. Many rental associations have variable rental periods. also one other issue is that I authorize them as a third-party Beneficiary. They would not answer what that means and also how it is applied in this case. They want the authority to evict my tenant if necessary and that I have to pay their attorney fees and services whatever they use. I have a contract with a Property management company that I am very happy with. Is that legal?

Expert:  TexLaw replied 2 years ago.
If they are allowed to make terms regarding rentals in their Controlling Documents, then it is legal.

The third party beneficiary issue likely is aimed at granting them a right to claim the rent being paid by a tenant would go to them if there are any unpaid assessments or HOA fees due.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.