Legal Question in Real Estate Law in California
Can a HOA stop me from renting my condo? I am being told that there is a maximum 20% non owner occupancy allowed and that I'll have to go on a waiting list. Apparently it could take years which could take years and cause me financial hardship.
3 Answers from Attorneys
HOAs can't make up rules from thin air, but they can enforce rules that condo owners became subject to upon purchase, and within limits can sometimes make new rules. You need to check your purchase agreement, CC&Rs;and other rules that you accepted as a buyer to see whether the alleged rule exists, but my hunch is that you'll find you agreed to this, or at least to the future possibility of such a rule, when you bought your unit.
Mr. Whipple is correct. The reason you are given all the condo assn. documentation during the escrow period, is because by buying a condo you automatically agree to be bound by them. They are called covenants that run with the land. If you were not provided the condo documents for review, you may have a right of action against your agent and others, but otherwise you are bound by the documents.
It depends on the CC&R's.