Legal Question in Real Estate Law in Georgia
my husband and his daughter jointly own a townhouse in Atlanta. The house is underwater and we are unable to sell it, so we would like to rent it. The hoa bylaws state that we must get their permission to rent by submitting a hardship letter, and that they must approve the lessee as well as the lease language which must state that if the assessments aren't paid the lessor will pay them. I find this language unusually restrictive and wonder if it is indeed legal. Please advise on the legalities of these restrictions. Short sale inititiaves have not been succesful.
3 Answers from Attorneys
Yes, it is legal.
Such provisions are normal and you chose to accept those terms with your signature at closing. However, if they are unreasonable in determining hardship you may have avenues to pursue.
Since you are liable anyway for the HOA fees that is certainly reasonable language.
Yes, the language is reasonable. If they do not approve the lessee due to race or religion or some other arbitrary reason contact my office immediately at 404-522-0341.
If they refuse to grant you a lease permit after you send your hardship letter contact me to discuss your options.
Best of luck.
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