Owner moved in, now HOA wants to change the rules about guests, renting. Is owner exempt?

Story by Ryan Poliakoff for The Palm Beach Post

Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers. L

Question: I live in a single-family home community. Currently the board is collecting votes for an amendment to the declaration of covenants that would regulate leasing. The amendments would impose a lot of restrictions on homeowners who choose to lease their homes. 

For example, they are proposing that the association should have the right to terminate a lease. They also want to require owners to get leasing approval, and they would have 21 days to decide (that’s a long time to wait if you have an eager tenant who needs to move in and know whether they’re accepted right away.) The amendment will also give them the right to deny renewal or extension of leases.

And, when they decide whether to approve a lease, they will have the right to do background checks, including an evaluation of the monthly gross income of the tenant in relation to the rent.

In addition to these things, they want guests to be prohibited from staying on the property more than 30 days in a calendar year when the owner is not present. We have two homes, and we may wish to make our home available to a friend while we’re away, especially if we want them to stay with our pet.

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