Legal Question in Real Estate Law in Georgia

9/2/09

May covenants of homeowners association's in Georgia (or anywhere) legally restrict an owner's right to rent his or her property? May the covenants prevent an owner from placing a `For Rent' sign in the yard (First Amendment?)? How can a `For Sale' sign be allowed but not a `For Rent' sign?

Thanks for any insight.


Asked on 9/02/09, 3:51 pm

1 Answer from Attorneys

Yasha Heidari Heidari Power Law Group, LLC

Unfortunately, HOA covenants and declarations may delineate and restrict how an owner may rent his or her property. The guidelines don't necessarily have to make good sense either (i.e., allowing a "for sale" sign but not a "for rent sign", or requiring that all "for sale" signs be issued by the HOA).

The issue you are dealing with is largely contractual. You and I may enter into a legally enforceable agreement, for example, where we both agree not to place any signs on our property.

Keep in mind that first amendment rights generally only apply to action taken by the government. In other words, the HOA as a private entity has no duty to respect your first amendment rights.

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Answered on 9/07/09, 4:07 pm


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