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 1990 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.
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.
During the real estate boom, many builders and HOA’s began improvising and changing their rules to include if your home could be used as a rental. Or the rules stated how long you had to occupy the residence before renting to someone else. At first, renting the property might have been the furthest thing from our minds, but in today’s current market many of us have had no other choice but to consider renting our homes out. When we first closed escrow on our homes we agreed to follow the CC…R’s.
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?
When we agreed and signed the purchase agreement on the home, we also agreed to abide by the Homeowners Association Rules and Regulations. Well, that is just fine and dandy, but can the HOA’s now change these rules midstream?
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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