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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16288
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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My current condo has a grandfathered clause stating

Customer Question

Hi!
my current condo has a grandfathered clause stating that the grandfathered units have the priority to rent and there is a rental cap of 20%. Right now the rented unit are almost 30% which means as a new condo owner, I can never rent my unit out because the rental cap will always be met. What can I do if I must rent out my unit?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.
Hello there --
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The only way that you will be able to change this is to petition the board of directors to amend or change the language regarding renting out the units to either permit more owners to rent out their units or to rotate the permisions every few years so that more owners will have the chance to rent out their units. Unfortunately, there is nothing in the actual HOA statute that covers this particular issue -- the HOA statutes are written to grant the private owner or developer the right to set up this type of ownership and they are given the right to set up the rules and regulations. The only way that you can mount a legal challenge against any rule or regulation is if you can show that the condo board has discriminated or is discriminating against you because of your race, religion, disability, age (over 40), sexual preference/orientation or your gender (these are the federal civil rights laws). Unless you can show such discrimination, then you can make a request that the rules be amended or changed and if that gets you nowhere, you might want to get up a petition among the homeowners regarding the issue to force the board to put it on the agenda for consideration for the next meeting. Depending upon what the charter documents and bylaws for your HOA state, you may be able to force the board to reconsider this item if you can get a majority of owners to agree that it should be considered by the board at a next meeting.
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I wish I could point you to a statute that makes their actions or position against the law (that would be easy) but there is nothing that will help unless you can show that the board is not following their own charter documents and bylaws and rules when implementing these rules on the owners or that they are discriminating against you.
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Please let me know if you have any further questions. If not, can you please press a positive rating underneath this ANSWER box so I will be paid for my time. I am paid nothing unless you press a positive rating below. THANK YOU VERY MUCH !!!
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MARY
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Expert:  Legalease replied 1 year ago.
Hello again --
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I do appreciate the fact that you requested my services specifically -- Do you have any additional follow up questions for me? I am happy to answer any additional follow up questions that you need answered on this issue. If you have no follow up questions for me on this issue, I would appreciate it if you could press the third, fourth or fifth smile face in the ratings section below so that I will be paid for my time assisting you tonight. I truly am paid NOTHING unless you press a positive rating underneath the ANSWER box in the ratings section. Pressing a positive rating will NOT cost you any additional money -- it is just the trigger to Just Answer to pay me for my time helping you tonight. If you leave without pressing a positive rating then Just Answer keeps your payment without paying the expert anything. THANK YOU VERY MUCH
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MARY
Expert:  Legalease replied 1 year ago.
Hello again --
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I answered this second question above of yours because you had a prior question and it looked like you are a conscientious customer willing to press at least an OK rating or a good or excellent rating if the expert provided an and answer that was correct in the law.
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Here on your second question, the answer I gave you is CORRECT in the law and although not great news for your desire to rent out your condo unit it was still my belief that you would press a positive rating so that I would be paid for the time I spent researching your question and answering your question.
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So, either you forgot to press a positive rating button before you left this question page or I was not correct in my assessment of you as a customer and I should not have answered the question because I was unable to deliver something other than bad news to your situation (instead of making certain that someone who performs a service for you is paid when the information is legally complete and correct (even if that information is bad news), there are some customers who will "shoot the messenger" and refuse to press a positive rating so that the expert is paid for the time spent assisting that customer. In short, the customer is punishing the expert because there is nothing in the law that supports what the customer wants to do. Luckily for such customers, this is a website where you can walk away without paying the expert if you simply do not like the answer, even if the answer is true and correct in the current law.
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I was hoping that you simply forgot to press at least an OK rating so that I will be paid for my time, and that you simply have a follow up question or you are contemplating a follow up question and you will press a positive rating at that point so that I will be paid for my time assisting you .
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MARY
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