Can I sue my HOA on rental cap? My HOA has rental cap of 19% properties. But that is a descrimination that once those owners who have already rented their properties, will not let their rental go and so nobody else will get chance to rent their property. That is not fair. Can I sue my HOA on this ground? please advice.
2007-11-08 08:55:50 · 8 answers · asked by sam 1 in Business & Finance ➔ Renting & Real Estate
i agree that I was given by-laws and I baught after reading and accepting them. But this is not fair from law stand point.
2007-11-08 09:05:47 · update #1
so now i dont' get my turn until somebody from those rentals are sold? what kind of law is that which does allow one person to rent for as many years as he wants and other person in same community does not get chance at all?
2007-11-08 09:08:28 · update #2
I dont see why not.. go for it..
2007-11-08 08:58:55 · answer #1 · answered by Anonymous · 0⤊ 1⤋
interior the worst case, the HOA ought to foreclose on your unit and take it far flung from you. extra probably could be fines and probable eviction of your tenants who could then have a good case against you. HOAs could be somewhat effective. it may be extra ideal which you would be able to attempt to coach for a waiver of the 25% shrink or see in case you will get it bumped off fullyyt. on the grounds that 25% of the instruments are already rented out, you probable have 0.5 of the assist you already ought to get the regulations replaced or get a waiver. offering up expert administration of your unit via a assets supervisor (or probable the HOA itself, in the event that they're fascinated in some extra funds pass) would get you over the right.
2016-10-15 12:32:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Whether or not you consider it fair, you signed and agreed to the regulations of your HOA. If you attempt to pursue this in a court of law (assuming an attorney would even take the case) the judge would look at you like you've lost your marbles.
2007-11-08 09:08:12 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
Does your HOA have by-laws? Were you given a prospectus to examine before buying, as many states require? If so, you were made aware of this restriction prior to buying and had every opportunity to decline buying there. Anyone can sue anyone, but under the scenario I've described, you have no case.
2007-11-08 09:01:57 · answer #4 · answered by curtisports2 7 · 2⤊ 0⤋
You signed it and you need to accept it. It's not discrimination, it's typical for hundreds of PUDs.
There might be a waiting list or something and maybe if a new buyer decided not to rent, then you could be in line to put it up for rent.
2007-11-08 09:22:00 · answer #5 · answered by Casie 4 · 1⤊ 0⤋
It isn't discrimination. You have exactly the same chance to rent your property as anyone else when it is your turn.
2007-11-08 09:00:06 · answer #6 · answered by Anonymous · 2⤊ 0⤋
This cap actually protects the value of your property!
2007-11-08 09:24:51 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Even though it may be stated in the by-laws, it doesn't seem right.
Your best bet is to run it by a local real estate attorney. Locals laws may allow this.
2007-11-08 10:24:33 · answer #8 · answered by Tim 7 · 0⤊ 4⤋