Do we have a right to be ‘grandfathered’ if our HOA changes the rules on allowing owners to rent their unit?

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Do we have a right to be ‘grandfathered’ if our HOA changes the rules on allowing owners to rent their unit?

We purchased a second home in 2014 in a private 30 unit development set around a lake. The HOA bylaws allow renting the unit out for a minimum of two weeks. Over the past two years we have rented the unit four times of two weeks each, with no issues that we are aware of. However, one homeowner has started a campaign to change the bylaws and not allow renting. While we don’t believe there is wide interest in overturning this rule, we wonder, what if we are surprised at the next HOA meeting and the no-renting rule in enacted.

Asked on September 22, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no right to be "grandfathered" in on a rules change like this. While the HOA could elect to exempt you from it, either permanently or at least for some time (e.g. phase the new rule into application over you, to give you time to adjust to it), they don't have to: a new or changed rule regarding rentals could be applied to you as soon as it is adopted.


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