Real Estate Law
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Hi - I practice in Mississippi.
The HOA is apparently doing this to prevent the homes in this association from being rental properties.
In general terms, HOA's in Mississippi can do things like this so long as its intent is for the betterment of the community.
The only real thing you could do is file a grievance with the HOA asking that it reconsider the ruling, and maybe develope an alternate rule (instead of complete exclusion, maybe they could charge the renters an additional fee for the pool access, etc.).
If the HOA is unwilling to cooperate, you could file suit in chancery court and ask for an injunction to stay off the enforcement of the rule until you can investigate whether or not it is a legal provision. You would need to speak to an attorney if you're considering this.
My gut feeling is that the HOA can probably do this with out any recourse.
If you're wanting to bring the matter to a head, that's one way to do it!
I understand your position, and if you can find other HOA members that feel this way too, it may be that you can draft and pass around a referendum to change the rule.
Well, HOA's are considered to be like private clubs in the eyes of the law. Thus, discrimination is not applicalble.
There are other HOA's that only allow 55 and older people to buy houses, and similar restrictions that would be considered discriminatory outside of a private HOA.
You can certainly challenge the rule as unconstitutional, but unless it is a race issue, the challenges are largely unsuccessful. This is not to say that you can't win, but it will be tough.
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