Written by attorney Alan James Brinkmeier

The Association Says I Can't Rent out my Townhome?

Renting out the townhouse in violation of your association's rules is not only wrong, but if enough owners do it, it could and very well might disqualify the townhome association for secondary mortgage market financing--reducing the marketability and value of all units. This is why the rules are in place. The restrictions and remedies available to you are found in the restrictive covenants of the association documentation you signed. If the covenants are not binding on any of the townhomeowners, you might have an out, but it's likely that everything was properly filed and recorded. You may wish to seek legal counsel to help you explore whether or not the covenants are enforceable. No one should recommend you to be renting the property without the permission of the townhomeowner's association because you would likely be in breach of those covenants.

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