Question:
I live in an over 55 community in a property that I own. The HOA wants to vote to prohibit rentals. I purchased this property with the intent to rent in the future. Shouldn’t the owners at present be grandfathered to allow rentals?
– Joe
Answer:
Hi Joe,
Homeowners associations in Alabama generally have the authority to enact rental restrictions. Whether or not existing owners are grandfathered in depends on the HOA. Some associations impose a grandfather clause, while others do not.
If your HOA currently does not prohibit rentals, it will need to amend its governing documents to prohibit them. Amending your governing documents usually requires a majority vote from the membership, though it depends on the specific requirements and procedures of your CC&Rs. If you disagree with the amendment, simply vote against it.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
