Can an HOA stop the sale of a condo?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an HOA stop the sale of a condo?

We have 22 units in our condo association. We now have 4 rental units. We have had bylaw for 14 years that a new owner of a condo cannot rent or lease the condo for 1 year after purchase. We have a unit owner now leasing her condo and is selling her condo to a new owner who intends to continue leasing. There are 3 months left on her lease. The HOA wants to prevent this sale.

Asked on June 12, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you cannot stop the sale on this basis: whether the new owner suppposedly wants to keep leasing or not, he does not yet own the unit and he therefore has not yet violated the bylaw: therefore, you cannot use your understanding of what a pending owner may do to stop a sale, since the not-yet or potential owner has not (and cannot yet have) violated the bylaws. If he does buy and does lease, you can enforce the bylaws against him by whatever mechanism they provide for violations, such as fines.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption