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California man sues HOA over rule change

According to court documents, a man has filed suit against his Palm Springs homeowners' association after it changed its rules to prevent homeowners from renting their homes for fewer than 14 days at a time. The man purchased the condo in March 2016 because he wanted to rent it out as a short-term rental for vacationers.

When the man purchased the condo, the homeowners' association did not have rules forbidding renting them out as short-term rentals. In March 2017, the HOA sent a letter to all of the homeowners to inform them that they would no longer allow the homeowners to offer their condos for rentals lasting fewer than 14 days.

According to the man's lawsuit, the HOA's rule change has cost him thousands of dollars. He argues that the rule change should not apply to him because it was made after he purchased his condo. A law was passed in 2011 that allows people who live in common interest developments to ignore changes in rules that occur after they purchase their properties. The man is seeking damages from the HOA in addition to a ruling by the court that he can offer the condo as a short-term rental.

A homeowner dispute with an HOA may sometimes be resolved short of litigation. People who live in common interest developments and who are involved in disputes with their HOAs might benefit by talking to experienced real estate attorneys who may work to resolve the disputes on behalf of their clients by negotiating with the HOAs. If a resolution cannot be reached, the attorneys may file complaints in court.

Source: Desert Sun, "Palm Springs resident sues his homeowners association for blocking short-term rentals", Corinne Kennedy, May 1, 2018

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