Question Details

Matt, Home Buyer in Illinois

My HOA won't let me rent out my home. This is a problem because I have taken a job overseas and the mortgage

Asked by Matt, Illinois Fri Jul 18, 2008

is killing me! What, if anything, can I do. Can they prevent me from renting?

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Matt, your situation is unfortunate, but I imagine the rules were in place when you purchased your home. Or the rules were changed when you had an opportunity to vote on it. Either way, many HOA's prevent rentals because they believe renters do not take care of the common areas you share the way home owners do. You may also be in a owner association that has a limit on the percentage of renters, and it has reached that limit. So if there are 100 units in a building, and 20% is the limit and 20 are already rented, you are out of luck.

To listen to either Inanna and Dp2 would be galactically stupid. But I suspect you have resolved your problem by now. I just have to wonder where anyone could dream up the idea of selling at a fire sale price, thus hurting yourself, in order to prove a point. Inanna in particular is dillusional.
0 votes Thank Flag Link Thu Dec 18, 2008
Time to play some hardball!

Get a list of all of the sold comps, listings currently under contract, and active listings (including foreclosures) for the past 0-3 months within a 1 mile radius. Package the lowest 10-15 of them together. Contact a member of your local press, explain your situation, and ask him/her to escort you (with cameras rolling) to the HOA office where you'll drop off that package along with a cover letter with the following message in [red, bold letters], "Please circle RENT provided you'll allow me to rent my unit, or circle FIRESALE if you intend to force me to sell at firesale prices (which will lower the value of all of the other homes in this community)." Make sure the cameras get a close-up on the text.

I suspect the exposure will help to motivate your HOA to rethink its position.
0 votes Thank Flag Link Sun Dec 14, 2008
HI Matt,

you need to get a copy of the by laws and see exeactly what they say.

All the best,

James Joseph
0 votes Thank Flag Link Sun Dec 14, 2008
I think you need to check the laws in your state. In California HOAs are restricted from creating "unreasonable" restrictions for owners renting or marketing their property under Civ Code 1368(1)a. One appeals court said that "reasonable" will be determined by (1) does the rental restriction contribute to the protection, preservation or operation of the community; (2) the rental restriction cannot discriminate (3) it has to account for the severe consequences to the owner if it is imposed - for example - if someone counts on the rent to make HOA dues, they could go into foreclosure. Consult and attorney. My HOA is trying to prevent me from renting my casita or a room in my home. I won in small claims court and the appeal. Now HOA is trying to change the CC&R's. but fi they do, they will be void under the law as they violate 1368.1(a)
0 votes Thank Flag Link Sat Dec 13, 2008
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