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My HOA is thinking of putting rental restrictions of no more than 50% rentals in my condo building (6 units total of which 3 are already rented). I am owner occupying my unit and I know I will rent my unit in the upcoming years. The talk is that people already renting will be "grandfathered in".... I am thinking of renting my unit to someone else (eg my sister) while still living in the unit in order to be "grandfathered in" in case voting passes or putting my apartment in an LLC under my name and renting it to myself to serve the same purpose. My question is: 1) Which of the above options would be best in order to be grandfathered in and 2) Can the HOA chose to grandfather some owners renting but not others (AKA me under the previously laid out circumstances). Note: my ownership in the building is so small (5%) that I could not prevent the 75% consensus needed from passing the rental restriction. Thank you! Luis

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 2 hours by:
12/7/2017
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,375
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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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Question:

My question is: 1) Which of the above options would be best in order to be grandfathered in and

Response 1: Renting to your sister because if you own the LLC that would still be you, the owner, occupying the property. So, technically, that would not be considered renting it.

2) Can the HOA chose to grandfather some owners renting but not others (AKA me under the previously laid out circumstances). Note: my ownership in the building is so small (5%) that I could not prevent the 75% consensus needed from passing the rental restriction. Thank you! Luis

Response 2: No. There should be no selective enforcement of the rules.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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