HOA change of covenants/rules/restrictions

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  • #370438
    blessedmom12
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    Hi,

    Our HOA in North Carolina wants to change a rule/restriction/covenant to now not allow rentals in the subdivision.
    The HOA held a meeting last week with not all members involved in the meeting. Only about 20 members or less out of about 75 members were in the meeting. They asked about changing a rule to not allow investment firms/rentals to purchase a home in the subdivision. I am included in that conversation because I am selling my home to an investment company. In the HOA covenant it states in 3.12 that a leasee is allowed but they must adhere to the covenants/rules/restrictions. No where does it state that I cannot sale my home to an investment company. I want to know if they can tell me who I can/cannot sale my home to and how can they change a rule without a vote for all. Also, if they change the covenants, would I not be considered grandfathered in.

    Thank you,

    Teressa Clark

    #370439
    kris10xoxo
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    I don’t think they can tell you who you can and can’t sell your house to but there are other ways HOAs can use to discourage investment companies from buying homes in the community. One way is to restrict rentals or put a moratorium on them. Like any new homeowners can’t rent out their houses for 2 years or something like that. Rental restrictions are common in HOAs, so I wouoldn’t be surprised if your HOA did that

    #370440
    peggysus
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    If we are talking about amendments to your covenants, then you usually need a 2/3 majority vote of the membership to incorporate such a change.

    #370441
    irvinec
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    Yep you typically need a 67% majority to approve a covenant change like that – and it IS a covenant change, not just a rule change, there’s a diffrence. also worth exploring whether or not youd be grandfathered in or not – be ready to lawyer up if your hoa challenges you on that

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