Rental Restrictions and Replacing Trees in Indiana HOA

Question:

Our HOA is fairly new in Indiana new single famuly homes consisting of 42 homes.

The HOA is vague to trees being replaced. We all received one small tree each home that is green. Recently someone has asked to have a maple tree to replace the original green tree.

1 Wouldn’t that conflict in keeping the community the same? Also doesn’t a maple tree grow bigger than small green trees?

2 Can the HOA enforce someone from renting their home? Whether it be short term or long term? What are the state laws?

– Lillian

 

Answer:

Hi Lillian,

Whether or not your HOA allows the replacement of existing trees with maple trees (or other kinds) depends on your governing documents. Your CC&Rs and operating rules should specifically indicate the landscaping and architectural standards in your community. If these documents currently don’t reflect such rules, consider amending them.

As for rentals, HOAs in Indiana generally have the ability to impose rental restrictions on owners. No special requirements exist as of writing. That said, it is best for HOAs that wish to restrict rentals to include such restrictions in their governing documents to avoid conflict.

 

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

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