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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16379
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Can a townhome association of 8 units limit the number of

Customer Question

Can a townhome association of 8 units limit the number of units which may be rented or should all, or none, be allowed to rent their units? When I moved in 14 years ago, no unit was rented. About 5 years ago, one owner moved & rented their unit without board approval & now a total of 4 are rented without owners living on sight. The bylaws currently do not specify renting policies. They want to limit rentals to 2, with the current 4 grandfathered in, and change the bylaws accordingly. I'm wondering if that could be discriminatory.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --


The Board of Directors can limit all units, none or some to keep tenants away from the property and it is perfectly legal because the state law permits them to write any laws that they need to run their HOA. The only thing that they cannot do is write and enforce a rule that is legally discriminatory. By that I mean that the rules and the Board cannot have a rule that discriminates against a person due to their gender, race, age (over 40), disability, religion or sexual orientation. So, the only reason their idea to grandfather the 4 and limit it to an additional 2 is discriminatory is if the board is creating or implementing the rule to discriminate due to race, gender, age, disability. religion or sexual orientation. In order to set any such rules, though, they need to get a majority of the Board of Directors and the owners can get involved in the vote as well.


Please let me know if you have any further questions. If not, can you please press a positive rating so I will be paid for my time helping you this evening? I am paid NOTHING if you do not press the middle or the fourth or fifth star above in the ratings section. THANK YOU