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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118264
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We live in a Beach Assoc and they had residential rentals 50

Customer Question

We live in a Beach Assoc and they had residential rentals for over 50 years with no restrictions. Now they passed a by law saying any rental of less then 30 days is considered commercial and the zoning does not allow commercial This is in Milford Ct. The town zoning does not consider rental of residential property as commercial and claims that the Beach Assoc has passed a illigel by law. In addition the association has singled us out and now has imposed fines for rentals of less then 30 days people tell me that this is also a civil rights violation.
What must I do to overturn this
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.

It is not a "civil rights violation" unless it is the government is taking actions against you. This is an issue with these common ownership type associations, the CT law allows the associations to pass bylaws as they choose and to control their own property. So the property association can restrict the rental of units if they choose to do so. The wording of their bylaw is not proper if they are stating it is not allowed because of zoning restrictions and if that is the only reason they are refusing to allow them, then your next step is you need to file a petition for declaratory judgment in the superior court through your attorney to have the bylaw declared invalid as it is not against the zoning laws to rent residential property and the court would have to review the bylaw to declare it not valid.

Customer: replied 1 year ago.
Ok. But if you had been renting and the assoc passes as they say a NEW BY LAW with this 30 day restriction why are we not grandfathered seems to me that they are taking away my properity rights without compensation
Customer: replied 1 year ago.
There have been weekly rentals for 50 years with no restrictions
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is something that we warn people about HOA or COA all the time. This is what these associations can do. They are not the government and by buying in that area you agreed to be bound by any legally passed bylaw, whether you like the bylaw or not. The majority rules in these associations and just because a minority of tenants do not like the majority rule, does not mean that the rules do not get applied to the minority as well as the majority.

This is why we always tell people buying in one of these areas to be very wary and not buy there if they cannot live with that type of situation.

Customer: replied 1 year ago.
I understand that they can pass this by law but u did not answer the important question that iff you had been renting before can they take away your rights without compensation or without grandfather your property when there are zoning changes you are held as non conforming but allowed to continue.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, they can indeed take away the right of the owner to rent out property into the future on the short term rentals. There is no legal mandate they grandfather the property. This is an association and not a government action, that is the difference. This is the type of law we see all the time that really bugs many owners and does infringe on their ability to use their property, but it is not illegal I am afraid.