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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118682
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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According to my HOA ccrs, there is no restriction on my

Customer Question

According to my HOA ccrs, there is no restriction on my ability to rent my home. The HOA voted to amend the bylaws restricting me to four "short term rentals" per year. I thought that they needed to change the covenant documents to make such a change
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.
Actually, a HOA can change rules by EITHER amending covenants or amending bylaws. If they properly voted to change the bylaws, they can put in such a rental restriction in their bylaws and it is enforceable against all of the owners. So, they can indeed change the rules by bylaw changes legally and rental restrictions are legal restrictions as rental property in an HOA or Condo building can impact the value of the property and can also make it harder for residents to get loans on their property, as the higher the renter to owner ratio is can devalue property.
Customer: replied 1 year ago.
I have been told that before but upon reading the attached covenants and bylaws, I was advised that to make a change to rentals it has to be done by changing the declarations. Is it possible that attorney that I spoke to (no longer able to contact) is incorrect?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
As the covenants are silent regarding rental restrictions, the board still has a right to pass bylaws regulating rentals from the way I have read those covenants and the absent of any prohibition of the board regulation of rental of units.