QUESTION

Is there anything I can do to overcome a lease restriction contained in my CC&Rs which prohibits leasing my home to anyone for any reason?

Asked on May 08th, 2012 on Residential Real Estate - Nevada
More details to this question:
I am looking for some advice regarding my HOA''s restriction against leasing. My HOA restricts homeowners from leasing or renting their homes. This restriction is absolute with no restrictions. I recently lost my job and will likely be unable to keep up with my mortgage payments for much longer. I have been offered a temporary job (1-year) out of state that I would like to accept, but I am stuck with no options regarding my home. I would like to rent it out so that I can come back to it after my work is complete, but the HOA is refusing to let anyone lease out their home for any amount of time. Is there anything I can do? Are my only options foreclosure or short sale?
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1 ANSWER

R. Christopher Reade
The covenants in  CC&R's restricting leasing of homes have been generally upheld.  Of course the greater question and issue regarding such covenants is usually not their enforceability but their discoverability.  While this is a common covenant, and many communities that do not have absolute prohibitions have restrictions and require notice, common interest communities are (with the assistance of management companies) organizations which largely rely upon other homeowners for their enforcement.  While the age of knowing one's neighbors is waxed poetic, in this day and age it is much less common that neighbors know or care who is actually behind your exterior walls.  It is always a good idea to have your specific CC&R's reviewed by an attorney who can advise you as to your rights and remedies thereunder.
Answered on May 11th, 2012 at 5:12 PM

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