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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113374
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our condo assn (in Wisconsin) just enacted an amendment to

Customer Question

Our condo assn (in Wisconsin) just enacted an amendment to our Declarations that prohibits leasing a unit after any current lease is up. My issue is that why should that impact many of us that purchased our condo when leasing was allowed.
I can understand that the amendment would be valid for any new purchasers of a unit in our assn, but why penalize people who bought because leasing was allowed and that they bought with the intent of leasing their unit in the future.
What recourse do I have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the problem is that when people live in a Condo or Homeowners Association, when a vote is taken the members are bound by that vote whether they agree with it or not. The issue is that they have is that they cannot interfere with current leases in existence, but they can insist that no new leases be entered into the future. The reason for these amendments is that high rental percentages in a building can effect resale rates of units.

As far as can you do anything, if the association voted, then the only thing you can argue is that any existing leases cannot be changed, but they can prevent you from entering into any new lease because the association has voted and passed it and everyone is stuck with that vote I am afraid and that is the bad thing about living in such an association, everyone is bound by the majority's vote.

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