Enforcing HOA Rental Restrictions in Kansas

Question:

We have a new home owner next to us who stated he plans to use the place as a BNB while he lives remotely in California. Our homeowner association states the places are for single family dwelling. Our association doesn’t have money to legally address this action. What can we do?
This activity is occurring in SOUTH SHORE subdivision in Osage County Kansas.

Thank You

– Walt

 

Answer:

Hi Walt,

First of all, it is important to check if your HOA’s governing documents specifically prohibit rentals. If your documents do not prohibit or restrict rentals, the association may not have the authority to take any action against the rental property owner. If your documents do prohibit it, then the association can take enforcement actions. What enforcement actions you can take will depend on your governing documents as well. Most associations impose fines.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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