Can Condo Associations control the number of units rented.

[iron_grenadier]

What is the name of your state (only U.S. law)? Utah

I currently live in an HOA complex with 48 units that is an apartment to condo conversion. I also serve as the Vice-President on the HOA board. We have had numerous complaints from resident owners regarding renters in the complex. The question is, based on the following verbage can the HOA control the number of condos that are rented or control the behavior of everyone on property?

10.04 Use of Units

(a) Except as otherwise expressly permitted by this Declaration, an Owner of a Unit may use such unit only as a permanent single-family residence (as "family" is defined from time to time in the zoning ordinances of XXXX County, Utah) for itself and its Guests. No Owner of a Unit shall conduct any business, profession, occupation or trade from its Unit; provided that this Declaration does not prohibit an Owner from leasing or renting such Owner's Unit to others for residential purposes so long as the use of such unit complies with the provisions of this Declaration, the Act and other applicable laws and ordinances. No Unit shall be used for conducting the business of the rental of other Units. Any lease of a Unit shall be in writing and shall be subject to this Declaration and Bylaws.

(b) It is the intent of this Declaration to create a residential community where the Units are occupied by the Owner of such Unit. Unless otherwise specifically approved by the Management Committee, no Unit shall be leased or rented by an Owner to any Person for an initial term of less than six (6) months. No Owner shall advertise its Unit for rent or lease for any period less than six (6) months.

(c) Notwithstanding the restrictions set forth in Section 10.04 above:

(i) an Owner may use its Unit as its private office, on the condition that the Owner does not invite others to its Unit to conduct business and such use complies with all applicable federal, state, and local laws, ordinances, regulations and rules; and

(ii) the Association and, during the Declarant Control Period, Declarant may use one Unit owned or leased by it, or space within the clubhouse identified on the Condominium Map as a management office for the Condominium Project.

[Cheeseknife]

From the language it is pretty clear the only thing that could be stopped would be the practice of offering first leases for 6 months or shorter.

[HomeGuru]

Originally Posted by iron_grenadier

What is the name of your state (only U.S. law)? Utah

I currently live in an HOA complex with 48 units that is an apartment to condo conversion. I also serve as the Vice-President on the HOA board. We have had numerous complaints from resident owners regarding renters in the complex. The question is, based on the following verbage can the HOA control the number of condos that are rented or control the behavior of everyone on property?

10.04 Use of Units

(a) Except as otherwise expressly permitted by this Declaration, an Owner of a Unit may use such unit only as a permanent single-family residence (as "family" is defined from time to time in the zoning ordinances of XXXX County, Utah) for itself and its Guests. No Owner of a Unit shall conduct any business, profession, occupation or trade from its Unit; provided that this Declaration does not prohibit an Owner from leasing or renting such Owner's Unit to others for residential purposes so long as the use of such unit complies with the provisions of this Declaration, the Act and other applicable laws and ordinances. No Unit shall be used for conducting the business of the rental of other Units. Any lease of a Unit shall be in writing and shall be subject to this Declaration and Bylaws.

(b) It is the intent of this Declaration to create a residential community where the Units are occupied by the Owner of such Unit. Unless otherwise specifically approved by the Management Committee, no Unit shall be leased or rented by an Owner to any Person for an initial term of less than six (6) months. No Owner shall advertise its Unit for rent or lease for any period less than six (6) months.

(c) Notwithstanding the restrictions set forth in Section 10.04 above:

(i) an Owner may use its Unit as its private office, on the condition that the Owner does not invite others to its Unit to conduct business and such use complies with all applicable federal, state, and local laws, ordinances, regulations and rules; and

(ii) the Association and, during the Declarant Control Period, Declarant may use one Unit owned or leased by it, or space within the clubhouse identified on the Condominium Map as a management office for the Condominium Project.

**A: the answer to prohibiting rentals is no and the answer to the second issue is to enforce the House Rules.