Could HOA’s Change Your Investment Strategies?

The immediate or future intent of investors, vacation home residents and even full-time residents might be the option to lease their homes if the need arises. Do you think it’s possible to be restricted from renting your home either seasonally or yearly? You own the property so why shouldn’t you be able to fully control how the home is occupied. Well, beware because renting your home may be forbidden.

Typically, Arizona homes built after’90 are located within a Homeowners Association with restrictions known as Covenants, Conditions and Restrictions (“CC…R’s). As a homeowner within the Association, you are bound by the restrictions imposed within these documents. Simply put, these documents regulate a homeowner’s use of the property.

Surprising enough there are guidelines as to what percentage of grass you are allowed in the landscape, the colors and trim on your house and even your window treatments. Review and thoroughly read the CC…R’s before purchasing a home. You are usually given a certain time frame to review these documents and will have an opportunity to cancel your contract.

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.

With the declining Real Estate market and more homeowners considering renting their homes, we are starting to see Homeowners Associations attempting to amend their CC…R’s to include rental home restrictions. Many people believe that CC…R’s cannot be amended. Amendments happen regarding all sorts of rules and regulations. Can this be true for rental properties too?

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.

Although somewhat difficult these amendments to the CC…R’s are realistic and can be done. Take these factors and considerations to heart when purchasing a home. Your investment strategy decisions could weigh differently in the short and long term.

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