Legal Question in Real Estate Law in Virginia

What can I do legally to rent my property???

Currently my community will only allow 20% of the units to be rented at one time. Of course, the max has been reached and I want to rent my property as opposed to selling it. Legally, what can they do to me if I rent my property? I live in Fairfax County, Virginia.


Asked on 1/26/07, 10:15 am

1 Answer from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: What can I do legally to rent my property???

They can do a lot!!! The bottom line is that when you purchased the property you most likely knew that this was a condominium or a planned unit development. In order to be an owner you promise (explicitely or implicitely) to comply with all of their rules and regulations. Your homeowners association documents (or condo docs) will tell you the consequences of not complying with their requirements, normally they impose fines, curtail privileges such as the use of the common facilities, pool and so forth. They could even go to the extent of putting a lien on the property for unpaid fines and eventually even foreclose on the property (rare.. but it happens). The idea is very simple... if you don't like the rules, you can sell and buy in a community with different rules or a stand alone structure with no HOA in which case you would only be subject to the zoning regulations of the county. You should try a different approach all together, challenging the rule itself... using their own procedure (you probably need to get a set amount of signatures, attend meetings and so forth): the idea is to change the rule in a legal manner. You are probably not the only one upset by this rule... most likely there are others in your same position or others who would support your position no matter what because they feel that it is not a fair rule.. whatever you do, do it following the method outlined in your condo documents.

Sincerely

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Answered on 1/26/07, 1:03 pm


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