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Can my HOA prohibit short term vacation rentals citing the…

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Can my HOA prohibit short...
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: 2 years ago.Category: Real Estate Law
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2/1/2016
Real Estate Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,934
Experience: JD, MBA
Verified

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.

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