My HOA forced me into by not allowing me to rent my Unit. Do I have any recourse?

Asked 7 months ago - Brandon, FL

My HOA has 10 units and is self managed . . . I lost my job and wanted to rent out my unit and was told ONLY 4 owners can (40%) can rent their units . . . according to the HOA President. I looked through the Bylaws and found nothing regarding this. I have emails of this exchange. Fast forward 2 years . . .I'm in foreclosure . . and another owner . .an attorney is told she can't rent out her unit . . she looks through the bylaws as I did . . and finds nothing . . .so she has started renting her unit. The HOA is allowing her to rent out her unit.

It would seem that the HOA has some liability in regards to my current situation. Do I have any recourse in this matter?

Attorney answers (3)

  1. Barbara Billiot Stage

    Pro

    Contributor Level 20

    Answered . Be careful of the terminology you use because HOAs are subject to one set of laws and COAs (condos) have different laws. The COA cannot stop you from renting your unit if the documents do not include rental restrictions. Even if they did, they now have a problem with waiving the restriction since they are allowing an attorney to rent her unit (unless they are pursuing a court action to enforce the rule).

    Best to have a condo lawyer review your documents.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. Stephen Kyle Hachey

    Contributor Level 9

    Answered . You should hire an experienced real estate attorney to review the documents. Main Office: Tampa, By Appt Only: Brandon

    This answer is for general informational purposes only and does not establish an attorney-client relationship.... more
  3. Joseph Edward Broadus

    Contributor Level 9

    Answered . By waiting you have made whatever claim against the HOA more complex. After your review of the HOA documents you knew there were no limits on you legal capacity to rent. I wonder if you have anything in writing from the president warning you not to rent. When important rights are at issue it is important to consult with a lawyer. Don't wait any longer.

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