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How can I avoid abiding HOA policy?

  
  
  
  
  
I own a townhome in Minneapolis. The HOA changed the bylaws recently and are limiting the number of units that can be rented at any one time. I am trying not to abide by this change in HOA policy as I am renting my unit and not living in it. What are my options to avoid abiding by this change in HOA policy?
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Don't avoid it. That only set you and the Association up for a confrontation and yourself for additional expenses. If they bylaws were amended, then it was voted on by your fellow owners and most will not have sympathy for you. 
 
First, see if you fall into the number of the limit. You may be surprised that the limit has not been reached yet. In fact, there may be more out there like you. Don't wait and don't be last, because if you do all the slots may fill up. 
 
If you have extenuating circumstances, present these to the board. For example - have you had to move because of a job and the market does not favor you selling your unit/home, which also affects them? 
 
If you bought prior to the change with the express purpose of renting the unit, you also may be "grandfathered" in, but you need to check that. If you decided to move for a variety of reasons (upgrade, etc.) and determined to rent rather than sell because of the market, that factor may be taken into account. 
 
Don't delay, don't put off and don't try to "hide" your rental. You obviously know the rules and made a conscious choice.  
 
You may also want to consult a good real estate attorney to consider your options.
Posted @ Tuesday, December 22, 2009 7:44 AM by Joe Schuirmann
Joe has the best advice. Engage the HOA and get registered with them as a rental owner. Otherwise, you are going to be in fight with the HOA that you will ultimately lose. The court will side, in most cases, an association that has validly changed the bylaws because it's an expression of what the ownership wants for their community. If your property was rented prior to the change, there should be a grandfathered clause. If not, most of them that I've seen have some sort of provision for extenuating circumstances. the bottom line is that you need to engage them on this to make sure you don't end up battling with them. 
 
 
 
Darron 
 
HOA Receivables Management
Posted @ Tuesday, December 22, 2009 11:01 AM by Darron
Many states implement laws that Florida has used for years. 
 
In Florida, it wouldn't apply to any current owner, only future owners and/or if you personally didn't vote for the change in the bylaws, it doesn't affect you, only any new owner after you.
Posted @ Tuesday, December 22, 2009 7:10 PM by Joyce Nord
It all comes down to the bi-laws. It is hard to say what is legal and what is not without seeing them. But you can usually file a complaint with the state attorney general if you have someone who has appointed themselves appointed king or queen. Check your states attorney general and see if you can file a complaint. 
Posted @ Friday, January 08, 2010 2:26 PM by Barbi Rose
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