Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

According to our by-law's, we can not rent our condo's unless…

Customer Question
According to our by-law's, we...
According to our by-law's, we can not rent our condo's unless give special permission to do so. Is there a way around this?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
6/9/2015
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
Your by-laws need to be a little more specific about what type of permission must be given in order to be enforceable.
An example of enforceable restrictions on rental would be "a maximum of 20% of units may be rental units, a wait list can be established and maintained by the board or management company, units must be owner occupied for a minimum of 12 months prior to being rental units"
An example of unenforceable restrictions would be "rental units are permitted at board discretion"
If the board is permitted to grant or withhold permission for rentals, this is an unenforceable restriction, and therefore you could challenge a board decision denying your rental application (I would suggest against simply renting the unit out and ignoring the process altogether, follow the by-laws procedure for challenging a board decision, and if necessary a court action against the HOA challenging the board decision - this is based on breach of contract and violation of the state common interest development act for "arbitrary and capricious" (also called "selective") enforcement).
Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
What is the responsibility of the HOA to reseach and select
what is the responsibility of the HOA to reseach and select paint that is best for stucco with visible cracks (i.e. elastomeric paint) to prevent and protect the stucco from future cracks. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
Virginia HOA issue. Petition sent to HOA Board.Copy sent to
Petition sent to HOA Board.Copy sent to Management Company … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
I have an HOA question. I was out of country when HOA sent
I have an HOA question. I was out of country when HOA sent letters for me to clean mildew off my siding and pressure clean my driveway. They were aware I was out of country because they emailed me a n… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
I indeed have a question, on HOA ,atters. on our HOA. We
Hello ****. I indeed have a question, on HOA ,atters … read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
I'm atheist, and I live on a 55 plus HOA community, My HOA
Hello, I'm atheist, and I live on a 55 plus HOA community, My HOA is conducting a meeting at a church. I really want to go to the meeting because its on my best interest and I want to be updated on my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,539 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
What disclosures to the buyer are required by an HOA at or
What disclosures to the buyer are required by an HOA at or prior to the sale of a home? Based on my experience, it appears the HOA, the seller, and/or the title company who closes a sale is under no o… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
A lawsuit was settled concerning Hoa documents, the
a lawsuit was settled concerning Hoa documents, the residents of the HOa were notified by e-mail, no other notification was sent or received. Does that legally inform residents. Our management company… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
If my hoa continues concsistent violations of our hoa rules
hi if my hoa continues concsistent violations of our hoa rules and regulations what can a homeowner do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am on an HOA Board -- the HOA has existed since 2002 -- I
Hi. Yes. I am on an HOA Board -- the HOA has existed since 2002 -- I believe that board is overreaching on planning to force homeowners into a wifi contract. Can 7 members do that to an entire associa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,808 satisfied customers
What are the rules in Georgia on HOAs raising dues. My hoa
What are the rules in Georgia on HOAs raising dues … read more
KLAW
KLAW
Juris Doctorate
2,101 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,115 satisfied customers
It is more about HOA. NJ. An attorney for the HOA is
My name is ***** ***** I live in Robbinsville, NJ in Foxmoor Condominiums. I am currently in a legal situation with my HOA for having two small dogs in my unit, one of which is an emotional support dog. In 2014, unbeknownst to me, the HOA changed their rules on having two animals in the home. I believe they basically sent out an email changing this rule. Regardless I was unaware of this. My son and I got a mini dauchound who is our family dog. Just recently, by suggestion of my therapist, I got a personal emotional support dog named Lulu. Within a month I received a letter from the HOA asking me to remove one dog. I responded with a letter from my therapist and I received a response that they would allow the emotional support animal but that they are still enforcing the two animal rule, ultimately they are now asking I get rid of the family dog. If i wanted to fight them on this I have to notify them by Feb. 16th to schedule a mediation.According to HUD, emotional support animals are no considered “pets” but rather companions so I would think my personal emotional support animal would be exempt from being that additional dog in my home.This is huge situation for both myself and my seven year old son and I want to fight them on this but I wanted to inquire if we even stood a chance a success. I would have no problem retaining an attorney if this would help things.… read more
Lori
Lori
Juris Doctor
1,315 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x