Can an HOA enforce a no renters clauseif I had to move out of state for a job and couldn’t sell my home?

UPDATED: Mar 1, 2012

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Can an HOA enforce a no renters clauseif I had to move out of state for a job and couldn’t sell my home?

I had to move out of state for a job and have been trying to sell my home for 2 plus years. Now the HOA has sued me because I have had renter and the HOA covenants have a no renters clause. The house has been continuously on the market for 2 years. I didn’t buy the home as a rental property.

Asked on March 1, 2012 under Real Estate Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the HOA has a no renters clause, it may be because that is a limitation in the deed restrictions or covenants filed with the state. The HOA can definitely restrict who comes and goes because it will involve many factors, like the common areas and who would be paying for the HOA fees and who would be voting. Now, while you have exclusive dominion over your own home, you do not over common areas and that becomes the sticking factor. You need to consult with local counsel or city prosecutor's office or state attornet general if these are the types of restrictions that are upheld in your state or if they interefere with your property rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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