What to do if my HOA has a restriction on the number of rentals in the community and that limit has been reached but I need to rent my unit?

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What to do if my HOA has a restriction on the number of rentals in the community and that limit has been reached but I need to rent my unit?

I lost my job and am unable to make my make my mortgage payments. I have the options of a short sale or being foreclosed on. Just this past weekend a close friend of ours offered to lease from us. What can the HOA do if we lease to this person without their consent? Or what are our options if we ask and they refuse?

Asked on January 16, 2013 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you rent to someone against the rules of your HOA, without some waiver or consent from the HOA, they could take various legal actions, including seeking monetary compensantion from you or seeking a court order preventing the rental. HOA rules are legaly enforceable; review the HOA documents to see what they say will happen in this case.

If you ask for permission and they refuse, you do not have any options; unless the HOA documents compel them to "not unreasonably withhold" approval, they have the right to say "no" for any reason, without justifying it.


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