Legal Question in Real Estate Law in Oregon
CC and R's changing them,
I have a homeowners association, that seems to do nothing but collect fees. But recently the announced a vote among members that would change the community rules to PROHIBIT future buyers in the area from renting the property. As I have purchased the home before this proposed change, I can rent the property, but if I sell the house the buyer would not be able to rent the house.
Is this enforceable? Do I have any recourse if this passes? It would very likely reduce the value of the home.
1 Answer from Attorneys
Re: CC and R's changing them,
CC & R's create an additional layer of restrictions on real property. Generally, their purpose is to provide a mechanism for property owners to collectively control the uses for property in their neighborhood. If the association is able to gain a sufficient number of votes, such a restriction is legal in Oregon. In fact, there is at least one city that has instituted a restriction on short-term rentals for certain residentially zoned property. The Oregon Court of Appeals upheld that ordinance.
Because the action is not a "government" action, you will not have any recourse should your neighbors decide to institute such a restriction.
The best thing you could do is to alert everyone of the potential reduction in value of the property that such a resctiction might create.
This answer is not meant to be specific legal advice for you or any reader. Such advice can only be given following a consultation regarding the circumstances of your particular problem. Our office offers a low cost half-hour initial consultation. Please give us a call to make an appointment.
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