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  • Re: Problems and advantages of limiting number of rentals in a townhous

    From Rich Carreiro@21:1/5 to micky on Wed Apr 17 19:40:11 2024
    micky <misc07@bigfoot.com> writes:

    Problems and advantages of limiting number of rentals in a townhouse
    n'hood.

    My Maryland HOA is feeling its oats again, and they are starting to
    think there are too many houses being rented**.

    It's been about 10% for a long time. I don't know what it is now, but
    the board does because the bills are sent to the owner, not the tenant.

    And they are talking about changing the bylaws or covenants to limit the >number of houses that can be rented.

    I gather in Maryland this is legal, even though it's a taking??

    Why would it be a taking? HOAs are private entities, not
    government entities. So the 5th amendment bar on taking without
    compensation wouldn't apply.

    Also, everyone agreed to join the HOA and subject themselves
    to its rules by virtue of voluntarily purchasing property subject
    to deed restrictions that give the HOA power over the property.

    --
    Rich Carreiro rlc-news@rlcarr.com

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  • From Stuart O. Bronstein@21:1/5 to Rich Carreiro on Thu Apr 18 08:45:14 2024
    Rich Carreiro <rlc-news@rlcarr.com> wrote:
    micky <misc07@bigfoot.com> writes:

    Problems and advantages of limiting number of rentals in a townhouse >>n'hood.

    My Maryland HOA is feeling its oats again, and they are starting to
    think there are too many houses being rented**.

    It's been about 10% for a long time. I don't know what it is now, but
    the board does because the bills are sent to the owner, not the tenant.

    And they are talking about changing the bylaws or covenants to limit
    the
    number of houses that can be rented.

    I gather in Maryland this is legal, even though it's a taking??

    Why would it be a taking? HOAs are private entities, not
    government entities. So the 5th amendment bar on taking without
    compensation wouldn't apply.

    Also, everyone agreed to join the HOA and subject themselves
    to its rules by virtue of voluntarily purchasing property subject
    to deed restrictions that give the HOA power over the property.

    It wouldn't be a taking anyway. Limiting types of permissive use, such
    as zoning ordinances, are not considered takings.


    --
    Stu
    http://DownToEarthLawyer.com

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