Legal Question in Real Estate Law in Utah
Homeowners association authority
We own our home in an area with a Homeowner's Association. Recently they took a vote and incorporated no renting of any homes in the neighborhhod. Is that Legal? Can they really tell us that we cannot rent our home? They seem to be taking power away from the homeowner's and it is scary!
1 Answer from Attorneys
Re: Homeowners association authority
The HOA has certain covenants and restrictions which can be amended only by conforming to the rules under which the HOA was organized. Get a copy of the covenants and restrictions and see if the HOA action was done in conformity with those rules. If done properly you are bound. If not, you can then decide to sue the HOA or ignore them and take the risk they will sue or lien your property.