HOA Restriction (Charlotte, Asheville: rentals, buying a home, neighborhood)

[beezellbub]

I live in a HOA subject to the NC Planned Community Act. Our HOA Board is thinking of inserting a clause in the covenants restricting or prohibiting rentals if there is a majority vote of lot owners to do this.. There are no such provisions in the Declaration, covenants, or bylaws at this point. When I bought our unit I had in mind to rent it when I retire. Is this legal? Can they take away my right to rent?

[ncisgreat]

Yes it is legal. I know of a Charlotte area HOA that also did this.

If the measure is brought to vote by the neighborhood, and passed by the residents, then the new measure will be adopted and enforced.

[mdp_az]

I know of an HOA in Ashe County that did this. They grandfathered any current rentals, but all other homes were subject to the new rules.

[lovesMountains]

Originally Posted by beezellbub

I live in a HOA subject to the NC Planned Community Act. Our HOA Board is thinking of inserting a clause in the covenants restricting or prohibiting rentals if there is a majority vote of lot owners to do this.. There are no such provisions in the Declaration, covenants, or bylaws at this point. When I bought our unit I had in mind to rent it when I retire. Is this legal? Can they take away my right to rent?

I know this may be of personal inconvenience to you, but just think about it...this is the HOA's way of protecting EVERYONE'S investment. When a complex changes over to too many rentals property values go down, as do maintenance of units and common areas.

[ducter]

Originally Posted by beezellbub

I live in a HOA subject to the NC Planned Community Act. Our HOA Board is thinking of inserting a clause in the covenants restricting or prohibiting rentals if there is a majority vote of lot owners to do this.. There are no such provisions in the Declaration, covenants, or bylaws at this point. When I bought our unit I had in mind to rent it when I retire. Is this legal? Can they take away my right to rent?

Your covenants will state who and how someone can ammend or change the covenants, that is what will dictate this. All in all, usually the answer is yes if their is a majority vote.

Just another mini-government....

[Asheville Native]

People that buy in developments with HOA hand over their rights, and for the life of me I can't figure out why.

I discuss with my wife what color to paint the house, what shrubs or flowers to plant, but it is going to be a cold day in heck when I have to get permission from a committee of busy body neighbors to make these decisions.

[Desdemona123]

Originally Posted by Asheville Native

People that buy in developments with HOA hand over their rights, and for the life of me I can't figure out why.

I discuss with my wife what color to paint the house, what shrubs or flowers to plant, but it is going to be a cold day in heck when I have to get permission from a committee of busy body neighbors to make these decisions.

Not all HOAs are that controlling. I painted my frount door purple. Not againest our HOA. (I understand the neighbors are split on if they like it or not, but no one has ever suggust I can't have it) I stained my back deck Atlantic blue....I didn't ask anyone first (everyone else pretty much has 'natural wood' stains). Shurbs...nope, no approval required.

A person buying a home needs to look at the actual HOA closely....some are very restrictive, but others are just common sense rules that work for the neighborhood.