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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111527
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The HOA Rule in the convenants is as follows. "Ownership of

Customer Question

The HOA Rule in the convenants is as follows. "Ownership of any lot shall be for single family residential dwelling purposes or short term rental purposese only. Our development is minutes from the tourist attractions. The homeowners are complaining that we are getting a lot of long term rentals for years. The covenant also states short term as being 30 days or less , These long term renters are not keeping up the properties. We the homeowners are saying our covenants specify short term for the tourists and we would like to know if we are within our rights to tell the HOA they must enforce the above rule. Thank You, *****
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months 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.
The fact that it says single family residential can mean owner occupied or leased to long term tenants and that is the issue you face. Yes your covenants say specifically short term rentals are allowed, but the long term lease would fall under single family residential purposes as it is not a temporary dwelling.
Now, you can get the board to enforce all violations, since that is their duty to the owners under the bylaws and if this board will not enforce violations, you can elect a new board that will enforce violations.
If long term rentals are ruining the development, then the owners need to get together and propose a bylaw change to modify the bylaws to prevent these long term rentals.