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Can an HOA prevent an owner from renting their Townhouse to…

Can an HOA prevent an...
Can an HOA prevent an owner from renting their Townhouse to someone with a criminal record?Does the HOA have the right to require that Owner's check & provide a criminal background on a potential renter?
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Answered in 8 hours by:
10/14/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,035
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Your Questions:

Can an HOA prevent an owner from renting their Townhouse to someone with a criminal record?

Response 1: It depends on what the crime is and what the HOA's CC&Rs say about that.

Does the HOA have the right to require that Owner's check & provide a criminal background on a potential renter?

Response 2: Yes. Also, the responsibility of the owners for background checks should be stated in the HOA's CC&Rs. So, you need to carefully review your CC&Rs.

Best wishes,

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Customer reply replied 8 months ago
the answer is YES that the HOA can prevent an prevent an owner from renting their Townhouse to someone with a criminal record, but how do you determine which crimes should be spelled out? or just say felony?If the CC&R's does not mention it can the HOA place into through process.
Any State Laws that would prevent the HOA from doing this?

So the answer is YES that the HOA can prevent an prevent an owner from renting their Townhouse to someone with a criminal record, but how do you determine which crimes should be spelled out? or just say felony?

Response 1: That's why I suggested that you review the HOA documents.

If the CC&R's does not mention it can the HOA place into through process.

Response 2: I am sorry, but I do not understand your question. Kindly edit and resubmit.

Any State Laws that would prevent the HOA from doing this?

Response 3: Unfortunately, there is none.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,035
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 8 months ago
Thanks.

You are quite Welcome! and thank you very much for the positive rating.

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