U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 11-29-2007, 02:12 PM
 
1 posts, read 2,336 times
Reputation: 10
Default HOA Restriction

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?
Reply With Quote Quick reply to this message

 
Old 11-30-2007, 08:26 AM
 
Location: Wherever it is, I am sure it is cosmopolitan
674 posts, read 31,038 times
Reputation: 138
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.
Reply With Quote Quick reply to this message
 
Old 11-30-2007, 09:21 AM
 
Location: Durham, NC
2,453 posts, read 5,229,137 times
Reputation: 1453
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.
Reply With Quote Quick reply to this message
 
Old 11-30-2007, 10:02 AM
 
Location: Up above the world so high!
43,739 posts, read 53,292,302 times
Reputation: 36354
Quote:
Originally Posted by beezellbub View Post
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.
Reply With Quote Quick reply to this message
 
Old 11-30-2007, 11:10 AM
 
1,467 posts, read 2,522,161 times
Reputation: 664
Default your covenants

Quote:
Originally Posted by beezellbub View Post
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....
Reply With Quote Quick reply to this message
 
Old 11-30-2007, 09:41 PM
 
16,311 posts, read 13,645,833 times
Reputation: 7946
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.
Reply With Quote Quick reply to this message
 
Old 11-30-2007, 09:58 PM
 
Location: Wake Forest
3,124 posts, read 8,675,570 times
Reputation: 691
Quote:
Originally Posted by Asheville Native View Post
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.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina
View detailed profiles of:

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top