Question:
Can an HOA set a rental limit? If so, how is that limitation regulated? E.g. can they enforce the new limitation on current landlords? What if that property owner purchased the property with intention to rent before the rental cap became a covenant?
– Paul
Answer:
Hi Paul,
Unfortunately, the HOA laws in Oklahoma seem to be silent regarding rent restrictions. Hence, it will depend on the governing documents. If the governing documents grant the authority to set a rental limit, the HOA may enforce the limitations. If the prohibition or limitation does not exist, the HOA may adopt an amendment to introduce the rule into the governing documents.
Here is a resource you may find helpful: https://www.hoamanagement.com/
As for current landlords, it may be wise to consider grandfathering existing landlords who have rented out their property before the amendment. The rule can apply to future owners.
However, it’s best to consult an HOA attorney to navigate this issue. You can find one through our online directory: https://www.hoamanagement.com/
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
