HOA does not allow me to lease the property.

The quick answer, as horrendous as it sounds, is yes, provided that they get enough votes. The real problem is that these types of provisions can have completely devastating impacts on neighborhoods and can result in foreclosures. The provisions are often poorly drafted and do not have proper protections for common real situations such as families moving across country, servicemen sent overseas or to a new base, death or financial hardships. The provisions result in having to trust that the HOA Board wll be reasonable, fair and consistent, which can be far from the truth.

I sucessfully defeated similar proposed amendments in my own community by a number of tactics which resulted in a failure to obtain sufficient votes. There was no lawsuit, rather, a website created to provide accurate information and to challenge the process. I am fortunate that I was able to provide a legal review to point out the problems and situations that were not addressed. However, some people do take these matters rather personally and you can likely anticipate a lot of personal attacks.

You may want to consult an attorney to consider a strategy to challenge those moving for the lease amendment and to consider alternatives.

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