4/23/2024 0 Comments Florida hoa covenants and airbnb![]() "Extrapolate that to the concept of rental policies," explains Pointner. The bottom-line takeaway is that if the underlying declaration contemplated that swimming pools would be allowed, and it allowed the board to regulate them, for the board to regulate them to such an extent that they were practically banned, that was inconsistent with the underlying declaration. "It's tremendously helpful on a number of different points. "I find that this case is one of the most informative cases out there, even though it's not a rental case," he says. Harrick, to help board members appreciate the issues to which he's referring. Pointner offers a 1992 Illinois case, Westfield Homes v. Don't assume it's legal because it may not be." "I always recommend they don't just assume that whatever policy you have in place is allowed. "Somewhere in the middle, there are tipping points that have been triggered, and now you're into the illegal or improper side rather than the permitted side of rentals," he states. At one extreme is an absolute, all-out ban on rentals, and at the other end, it's wide open with no restrictions. "The first thing is to understand that we're talking about a spectrum. "There are a lot of people who really don't understand a lot of the underlying issues," he adds. Pointner, an attorney at Rathje & Woodward in Wheaton, Ill., who's been representing HOAs and condos-ranging from 4-unit condos to 1,800-plus unit lake associations-for nearly 20 years. "My first recommendation when it comes to rental policies is that boards really need to have the foundational understanding of what's allowed and not before they get into the how or whether every specific provision is allowed," explains Scott E. ![]() We can still get you started with these seven suggestions for provisions to consider including in your rental policy.īefore you begin drafting a rental policy, one of our experts wants to be sure you have, and do, some necessary groundwork. So as our experts recently explained at an webinar on rentals, there's no template rental policy that would be helpful across the nation. State laws will differ on whether your condo or HOA can limit rentals and to what extent, as will governing documents. It's a good idea to create policies governing rentals so that everybody is on the same page when it comes to what's required and permitted when owners do just that. You're all set-your condo or HOA has decided to allow owners to rent their unit. Tags: Landlord, Lease, Violations, Collections, Rentals, Fair Housing, Fair Housing Act ![]()
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