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My HOA has flat our refused my hardship leasing permit requestg, what can I do?

Hello- I am the "Owner who had no intention of renting their homes a year ago, & are now looking at renting their home as a viable alternative to saving my credit and the home values of my neighbors. We both lost our jobs, my house fell in foreclosure and I was offered a loan modification if I could support the payment. I opened my job search nationwide and was offered a job on the otherside of the US.
I have asked the HOA to approve a leasing permit so I can accept this job, and modification, save my home and return when I can- Financially sound!
So they deny me, and say that per our bylaws I have to list my house for sell for 6/mo's below current market value.- And if it doesn't sell... they will re-review. I bought at the peak and am upside down & dont have 6 months. What can I do?

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Attorney answers (1)

Reputation Level 13
I have faced the battle on the no-leasing amendment in my own neighborhood and have succeeded in getting enough "no" votes or silence so that the amendment was not passed. Check out my own website to battle the association (link included). You definitely need to consult an attorney.

Unfortunalely Georgia law does not offer much real protection. You will need a specific review of your amendment and fight on a number of levels. Be sure you understand your rights under the "contract" -- the declaration. Was the amendment passed properly? Is there a unlawful discriminatory purpose? What is the past history for others? Is it being implemented fairly? Can the HOA afford a legal battle (you also have to consider your legal costs).

In addition there is a political/public relations aspect to this. One example would be to visit your neighbors and get them to sign a petition overriding the Board or even to change the Bylaws. It may take a lot of work. The problem is that most of the people who do not fight these have no idea of the implications to servicemen and others.

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