Question:
Good morning,
Recently, our HOA president to amend the declaration of restrictions for our subdivision. He wanted to amend the restrictions to say that no owner of property within our subdivision shall be permitted to rent or lease any portion of their property and specifically excludes rentals through Vrbo and AirBNB. Our Village recently adopted State Statute Sec 66.1014.
My questions are: can an HOA association do this and did they set us up for potential law suits in the future because it violates the municipalities ordinances.
Thank you for your time,
– Jodi
Answer:
If your HOA falls under the description of a political subdivision under Section 66.1014 of the Wisconsin Statutes, then those provisions apply to you. It is best to raise your concern to your HOA board, specifically your president. Perhaps there was a misunderstanding along the way. Keep in mind, though, that Section 66.1014 does state the following:
“Nothing in this subsection limits the authority of a political subdivision to enact an ordinance regulating the rental of a residential dwelling in a manner that is not inconsistent with the provisions of pars. (a) and (d).”
In other words, your HOA may still be able to enact certain rental regulations, provided they align with the provisions of the rest of the section.
If your HOA does not fall under the description of a political subdivision under said section, then your HOA likely has the authority to prohibit rentals. Amending the CC&Rs to include such a prohibition, though, typically requires a vote from the membership, though it depends on what your governing documents say. Make sure to review your governing documents, particularly your CC&Rs, to confirm this.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
