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My new HOA board has decided to oppose all short term

My new HOA board...

My new HOA board has decided to oppose all short term rentals. I bought my house that I want to rent short term in 1992. Does SB 150 protect my right to continue to rent my property short term, or must I still comply with the boards decision on this prohibition.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has anything been filed or reported?

I don't know

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Answered in 1 day by:
3/11/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,599
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Does SB 150 protect my right to continue to rent my property short term, or must I still comply with the boards decision on this prohibition.

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Yes. That bill was codified into law back in 2012 as CA Civil Code 1360.2 and then later rolled into the Davis Sterling Act CA Civil code 4740 and basically says yes, the HOA can't prohibit rentals if you owned prior to the act going into effect.

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Civil Code §4740. Limitation on Rental Restrictions.
.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.

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So if they give you any problems regarding renting, you would want to print out a copy of the Davis Sterling Act code above and educate them about your rights.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,599
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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