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