Legal Question in Real Estate Law in California

Can we have our townhouse rented even the association says the maximum rentals have reached the maximum. Is this legal?


Asked on 2/22/11, 6:25 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Somewhere in your agreement to buy the property, or the rules you became subject to when you bought, there will probably be details of the maximum percentage of rentals the development may have. Sometimes these limits are enforced, occasionally the enforcement is lax. The rules are there for one or more purposes, which may include giving the development a more stable population, or satisfying an ordinance or condition of the local permit allowing the condominium to be developed (or converted), or perhaps it was a condition of project approval by the state's Department of Real Estate. You might ask around to see if anyone else has a need-to-rent problem, and how they have or propose to handle the problem. Such limitations do, however, seem to be enforceable if the association is of a mind to do so.

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Answered on 2/22/11, 6:44 pm


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