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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12133
Experience:  JD, MBA
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Can my HOA prohibit short term vacation rentals citing the

Customer Question

Can my HOA prohibit short term vacation rentals citing the business use prohibition? The CCR&s were written 30 years ago. We are allowed to rent out our units with no leasing time limits and I have always rented it out.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Wow, it sure sounds like a weak argument to claim that short term vacation rentals are prohibited under the business use clause. You wouldn't be conducting business out of the property. And if it were conducting business, then even long term leases would fall into that category. Accordingly, I disagree with your HOA. If they attempt to take action against you, then you could theoretically take them to court to have their determinations deemed unenforceable.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.