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texlawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 4824
Experience:  I have assisted many customers and clients with their real estate questions and experienced in real estate litigation.
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I am renting a condo and have a lease with the owner. I

Customer Question

I am renting a condo and have a lease with the owner. I moved in on June 1st of this year. I just recieved a notice that at the last board meeting this month they added a rule saying no cars with any advertising on it which mine has can be parked in the unit driveway, must always be parked inside garage. As this will mean constantly juggling cars and is a total inconvience to me, I am not happy as that rule was not in effect when I signed my lease and would not have moved in had this rule been in place. What are my rights in this situation.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ohio
JA: Has any paperwork been filed?
Customer: They made an addendum to the existing bylaws and said if I dont comply then they will impose fines
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  texlawyer replied 10 months ago.

Hello. I'll be happy to assist you.

The answer to your question, unfortunately, is most likely that you will have to comply with the new HOA rule. In most standard lease agreements in which there is an HOA involved, the lease is subject to the rules of the HOA. In other words, the lease does not "freeze" the HOA rules as they apply to you at the time you signed the lease. Short of bringing suit against the HOA for improperly enacting the new rule (which I have no indication they did), I don't see a way for you to get out of being required to abide by it.

Customer: replied 10 months ago.
They arent required to grandfather in existing situations?
Expert:  texlawyer replied 10 months ago.

Are they required to? No. Can they do so at their discretion? Yes.

Expert:  texlawyer replied 10 months ago.

You could consider going to the board seeking a waiver.

Customer: replied 10 months ago.
Thats crazy, so if they decide tomorrow to say no blue cars can park outside they could just do that.
Expert:  texlawyer replied 10 months ago.

They are restricted by their own bylaws, but, in theory, yes. HOAs have a great deal of authority over what rules they put in place, so long as they do not discriminate based on race, nationality, etc.

Expert:  texlawyer replied 10 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer before you go.

Expert:  texlawyer replied 10 months ago.

Is there something else I can help you with?