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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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