Can we get evicted due to Home Owners Association rules? 4 Answers as of November 27, 2013

We leased a condo from the homeowners when they got fed up trying to sell the property and decided to rent it out. We just renewed our lease for an additional year. The homeowners just received a letter from the HOA telling them they were going to start enforcing the "no renters" rule and now our landlords want to "talk". Can our landlords break our lease when they were fully aware of HOA rules and we are not to blame? Also, our lease allows them access to our condo to show prospective buyers with 24 hours notice but surely if they sell, the new owners would have to uphold our legal lease?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
No renters rule? I do not know if that is even valid, but this will depend on the law of your state. Before you do anything, please talk to a smart attorney in your area. This is serious. You may cause great harm to yourself, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 11/27/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Your deal with the owners is not a deal with the HOA. The HOA can force you out. You may have a cause of action against the owners.
Answer Applies to: New York
Replied: 11/27/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You are the party in the HOA action against your landlord. Normally when the HOA's seek to commence enforcement they grandfather the existing renters. As to whether your lease would survive a sale by the landlord, that should be found in its terms.
Answer Applies to: Michigan
Replied: 11/27/2013
Law Office of Richard Winkler | Richard Winkler
This is not so simple. They should have known, but the HOA must have been loosey-goosey in enforcement or the letter would not have said "we are going to start enforcing." This means they are possibly not the only ones with this dilemma. You can try insisting that the owner fight the enforcement by the HOA and see where that goes.
Answer Applies to: Rhode Island
Replied: 11/26/2013
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