Legal Question in Real Estate Law in Pennsylvania
Owning a Townhouse
We bought a townhouse, I moved in cause we were separated, I am moving home now and would like to be able to rent my townhouse, but there is a Townhouse Assoc. and it is not in the bylaws yet, but they are putting it in that you can not rent to anyone. Is this legal? You own it, why can't you rent and who are they to tell me I can't rent?
1 Answer from Attorneys
Re: Owning a Townhouse
Townhouse and condominium type housing usually have associations to which all owners automatically belong, and the organizing documents of the development do often contain restrictions against renting the units.
Even if the restriction is not in the by-laws, it probably is in the recorded "Declaration" or other document that created the development.
All deeds to individual owners from the developer and after that are subject to all of the restrictions in the recorded document that created the development.
Therefore, if those restrictions are in there, yes, they do have a right to tell you how you may use your unit.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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