Question:
Hoa by laws were amended and prohibit short term rentals. Also bylaws include a clause that all hoa members will adhere to bylaws and cc& rs. Cc&rs don’t mention short term rental restrictions. Bylaws were never recorded so we did not know at time of purchase that short term rentals were restricted. Can hoa prevent us from renting short term? Thank you,
– Amy
Answer:
Hi Amy,
In your situation, the HOA’s bylaws prohibit short-term rentals, and these bylaws include a clause requiring all members to adhere to both the bylaws and the covenants, conditions, and restrictions (CC&Rs). Even though the CC&Rs don’t mention short-term rental restrictions, the bylaws’ prohibition can still be enforceable. HOAs in Montana have the authority to set rules and regulations for their property, which can include restrictions on rental periods.
However, for such restrictions to be enforceable, they typically need to be properly recorded and disclosed. If the bylaws were not recorded and you were not made aware of the short-term rental restrictions at the time of your purchase, this could affect their enforceability against you. Montana law requires the recordation of bylaws for condominiums (Section 70-23-307), but no such requirement exists for single-family home HOAs.
It is best to take this to your HOA board or a legal professional.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
