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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6848
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Can an Hoa adopt/revise Rules & Regulations? I own a

Customer Question

Hello, Can an Hoa adopt/revise Rules & Regulations? I own a vacation rental which I have been renting it short term for 8 years (vacation rental) in Temecula Ca.. Home sits on 4 acres and when purchased it did not state anything about short term rentals in our cc&r's.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 7 months ago.
If certain types of rentals were permitted at the outset of the development, they can't be changed now, if the they were part of the covenants part of the CC&Rs. some restrictions like that are set up and bylaws which can be changed by sometimes as little as a pair majority vote of the owners or even the Board of Directors. You should review the documents carefully to ascertain where the rental restrictions are, if any, and what the covenants provide for specifically. .I hope that this is helpful.
Customer: replied 7 months ago.
So , I can understand this right. In our CC& R's ; Short term rentals were permitted as it never stated they were never allowed. A few years back we had a community vote regarding this issue and it was noted for allowing short term rentals. Now I get a letter from HOA stating they have the power to adopt these rules and regulations as authorized in the governing documents of this corporation and are not permitting short term rentals less then 30 days??
Expert:  Irwin Law replied 7 months ago.
The community vote may have bound the HOA Board. It's hard to say without a thorough exam of the CC&Rs and the minutes of the meetings them selves, including notices. There's nothing that I can tell you from this distance. You need a local attorney who is a condo authority.

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