Thinking about purchasing a home as a rental? Whether you are an investor or second home buyer this might not be your initial intent but could definitely be a consideration in the future. As a second home buyer you may consider renting your home during the off season. Could you imagine a law informing you that you are restricted from renting your home? It occurs more frequently than one would believe.

Many areas throughout the United States, especially in more populated areas have Homeowners Associations. These HOA’s have rules called CC…R’s (Covenants, Conditions … Restrictions). You have an obligation as a homeowner to abide by these rules and regulations. These rules and restrictions mandate how you as the homeowner can use the property.

Restrictions can range from landscaping, paint colors, window treatments and pets. CC…R’s should be read very carefully before purchasing a home to ensure you will enjoy your home the way you intended. Depending on how your Purchase Contract is written, you can usually cancel a home purchase within a specified time after reviewing these documents.

Some CC…R’s restrict owners from renting their homes. Some rules state that the property cannot be vacant for any length of time. Most homeowners are aware of the restrictions. During the real estate boom in 2004-2005 many new home builders would not allow someone to buy a home unless it was their primary residence. Even though many homeowners were aware of their responsibilities, the housing crashed left the homeowners no other choice but to break some of these rules. Of course, it was unintentional.

In a normal housing market, rentals have always been considered to be in areas that have a higher crime rate or in an area where property values are low. This is not the case especially in today’s economy. There are so many reasons today why property values are declining. Foreclosures and bank-owned homes are now attributed to this cause as well.

The declining Real Estate market and the unemployment statistics are leaving many homeowners with no other option than to try and rent their homes. The Homeowners Associations are frantically trying to find ways to amend their rules to prevent this from happening. Can the HOA’s do this legally? Does the homeowner have any say in the matter?

Most states have laws clearly stating that if you reside in a Homeowners Association that has CC…R’s, there is a contract between the property owner and the Homeowners Association. When you execute your purchase, the imposed restrictions are binding. Hence, you must follow the rules.

The amending of the CC…R’s after the purchase may be a challenge but apparently can be done. Although somewhat lengthy, be sure to review the CC…R’s carefully and take into consideration any potential long term consequences. This could affect your future investment strategies.

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