I am going to be brief, but there is a lot of details for this one. I own a house outside Nashville, TN. However, I am in the National Guard and am currently in another state completing some training. My home is in a subdivision that is under an HOA. Normally, I never thought about it; I just paid my dues and minded my own business. However, I rent my house in order to pay my mortgage. The HOA has recently told me that if I continue to rent my house they will file legal action against my property manager and myself. The bi-laws state that only seven properties can be rented at a time, and, although my JAG officer and I have tried to explain the situation, they are unwilling to work with me. We have always been upfront with the HOA and have tried our best to not cause problems. We are even willing to pay the fine of $25/ month for breaking the rule. However, the HOA is unwilling to even allow us to do that. They are pushing through with legal action. We are faced with very few options. We can face legal action and just put someone in the house anyway. They cannot file civil action against me until I get back off orders. We can default on our mortgage- the SCRA protects us from getting foreclosed on. However, by defaulting my MOS could be affected because of clearance issues. Lastly, we could sell our home. I hate this option because we love our house and want to raise our kids there. However, we are left with very little choice at this juncture. The JAG officer just tells us they found a loophole and are exploiting it. There is nothing that protects a service member from the HOA. Please help. I have been told to contact my congressman and the media, but I would rather not bring that much more drama into the situation. Thanks for all your advice!
Posted >1 y ago
You signed a contract, and now you want it to be voided for your convenience?<div><br></div><div>I would suspect the HOA has this rule in place to prevent the neighborhood from filling with renters, probably to maintain the quality of life that you saw as one of the reasons to buy there.</div><div><br></div><div>It would be nice if they would agree to let you break your contract and rent, but you are not entitled to that concession.</div><div><br></div><div>There is a reason I did not buy a house in an HOA community, and I think you need to put this in your rucksack as a lesson learned.</div>
Maybe you should also contact your local news station to bring attention to the fact that this HOA is not understanding of your duty to your country. If they are embarrassed by the attention they may drop the legal action. Also, your fellow neighbors may not know that this is going on in their own neighborhood and they may pressure them to drop it. In my experience being involved with HOA's there are usually a few individuals that want to control the entire neighborhood. Glad to hear your representative is going to bat for you.
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