ANSWERS: 3
  • Make sure to have a copy of the CC&Rs and/or Bylaws and consult an attorney. The HOAs are starting to make some strange rules regarding renters and they are not always in compliance with the local, state, and federal laws. (I'm told that they do not have the right to determine the length of your lease, but cannot advise you to the specific laws applicable to your area.)
  • We had similar issues in both CA & WA states. In one case the HOA would not lets us rent to anyone who was not a bona fide family member. We pled hardship and leased the units anyway. We did not do it long term from renter to renter (because we could not keep claiming hardships!) but it worked when we needed it to.
  • INITIATE for one year? Hmmm... does the HOA state what kind of provisions you must have for people who want to break their leases? For instance, could you put in a provision that if the lease is "broken" at the six-month point, there will be no penalty? Six months, or whatever months work for you & your tenant... if the HOA didn't cover this, they left a giant loophole. But this is not legal advice; for legal advice, see an attorney licensed in your jurisdiction with expertise in landlord-tenant and condo laws.

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