Legal Question in Real Estate Law in Tennessee
Is it legal for a homeowners association , through a vote with the owners , prevent owners to
rent out their house?
1 Answer from Attorneys
Whether a homeowners' association can create a restriction on rental of property within the development governed by the association depends upon the recorded declaration of conditions, covenants and restrictions. If the declaration permits the association to create new restrictions on property use, and if the association followed the procedure set forth in the declaration for passage of such a restriction, then the restriction likely is valid and enforceable.
If your association has a website, it likely has posted the declaration document, which you can review to determine if the action was proper. You can also request a copy from your association manager or board, or you can obtain a copy by going to the register of deeds office in the county where the property is located - it is a recorded document and is referenced by book and page number in the deed to your property.