Legal Question in Real Estate Law in Maryland

HOA rules for renting

I have owned my townhome in MD for 2 1/2 years. My HOA says that I cannot rent it. Will that hold up in court, or is that just to defer people from renting them out?


Asked on 11/07/07, 1:38 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: HOA rules for renting

You need to review your HOA bylaws to see what restrictions there are on renting your property. Many HOA's do prohibit this because they believe properties that are owner-occupied are better maintained and also support higher property values. Courts typically uphold reasonable regulations contained in HOA bylaws, deferring to the membership of the HOA. Of course, if there are enough other members who don't like such a restriction, you can change it by a voting process.

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Answered on 11/07/07, 2:00 pm


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