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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118655
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a lot because the CCRs didn't say anything about

Customer Question

I bought a lot because the CCRs didn't say anything about renting the garage apartment I want to build so I have a rental income stream in old age. Now as I'm in the process of building, a whole set of new CCRs are proposed that do state "no rentals"
What can I do?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months 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.
Even if your HOA passes new bylaws or CC&R, they would have to allow only rentals that are already in process at the time of the new CC&R. If you have no tenants or lease in place at the time they pass the new rules, then legally they can stop you from renting along with anyone else in the HOA. This is the issue with an HOA or Condo Association, they have the right to make and enforce these rules. However, for a CC&R change, they do need a vote of the membership so you can also seek to get owners to vote against this proposed amendment.