How does an HOA stop an owner renting their townhouse?

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How does an HOA stop an owner renting their townhouse?

There is 4 townhouses and we have a HOA. However, it doesn’t state in our bylaws that you cannot lease or rent out your townhouse. I would like to know how can we change that you cannot rent or lease your townhome and how do we go about it.

Asked on June 3, 2019 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Following the procedures laid out in the documents governing the HOA for how you can add new association/community rules (assuming that you can add rules govering the HOA--that is there is some mechanism for amending or revising the rules), so by following whatever notice, voting, etc. requirements are there, simply add a new rule barring leasing or renting out the townhome and providing an enforcement mechanism (e.g. fines). The key is, you have to follow all proper procedures for any change to or amendment of the rules.


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