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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a condo in Ohio which states in the bylaws that there

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I have a condo in Ohio which states in the bylaws that there can be no rental of units unless the tennants are "family". This has been a long overlooked bylaw ever since I purchased my condo in 2009. Many people have rented their units out due to the falling home prices. I have since purchased another home and moved out. I rented my condo for one year and now my Board of Trustees is saying that I will not be "allowed" to rent the condo again since they now have rule that only two units out of the eighty four can be rented at a time. This sounds as if they just made this rule up for my benefit. As far as I know there were no votes or ammendments to our bylaws. Also, who chooses which two units get rented out and for how long? I feel like they are just trying to bully me in selling my condo at a huge loss.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist you.

The primary issue is whether or not there is a CC&R or bylaw that says this because if it isn't, then the association doesn't have authority to enforce such a provision.

IF there is a provision, but if it has not been enforced, then you would still have a right to legally challenge the provision by claiming that it is being selectively enforced - - which is also illegal. Thus, you could sue the condo association for selective enforcement IF it tries to enforce this rule against you and not against others.

Thus, you do have rights and the ability to challenge the board's actions either way. Once you discover whether or not there's a bylaw or rule that covers this, you can react accordingly.

I hope this helps, and please let me know if you have any additional questions. Thanks.
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Customer: replied 4 years ago.
I looked up our CC&R which actually just states "renting or leasing is not permitted." No mention of family as I had been told before. Clearly , many have been in violation. Selective enforcement appears to be my way to go then.
Yes, if they don't enforce the rule as written, and have employed variations of the rule as they desired, that's not consistent and it's not in compliance with the rule.

Thus, you could sue for selective enforcement. The concept is basically that the rule should be found unenforceable because it hasn't been consistently enforced; you could claim that the pattern and practice is what they've done all these years.