Could HOA’s Change Your Investment Strategies?

Thinking about purchasing a home as a rental? Whether you are an investor or second home buyer this might not be your initial intent but could definitely be a consideration in the future. As a second home buyer you may consider renting your home during the off season. Could you imagine a law informing you that you are restricted from renting your home? It occurs more frequently than one would believe.

In Arizona for example, most communities built after’90 are in master planned communities and have Homeowners Associations in place. Also called HOA’s, these associations have rules and restrictions known as Covenants, Conditions … Restrictions (CC…R’s). These rules are specific as to how the homeowner may alter or use the land and the property.

These CC…R’s are provided to you prior to purchasing the home and should be read carefully. Usually anything that can be seen from outside can be controlled by the HOA. A bench in the front entry or even window coverings is two good examples. The HOA rules can regulate what plants and trees are allowed in your yard, the paint color of your home and even if you are allowed to lease your home. Some buyers request specifically from their real estate agent, to see only homes in non-HOA communities but these types of developments are far and few between.

Several years ago, home builders began including provisions within the CC…R’s prohibiting rentals of any kind within their communities. These provisions also included language stating that the buyer would occupy the property until the time the owner sold the home, meaning the home could not be vacant for extended periods of time. Most home buyers were aware of these provisions and agreed to them when they purchased their homes.

People’s perception of rental properties usually relates to higher crime rates, declining property values and un-kept homes. Although this is the assessment by many, it is not true in most cases. In the current housing crisis the foreclosures and bank-owned properties are portraying a worse image.

With the declining Real Estate market and more homeowners considering renting their homes, we are starting to see Homeowners Associations attempting to amend their CC…R’s to include rental home restrictions. Many people believe that CC…R’s cannot be amended. Amendments happen regarding all sorts of rules and regulations. Can this be true for rental properties too?

Most states have laws clearly stating that if you reside in a Homeowners Association that has CC…R’s, there is a contract between the property owner and the Homeowners Association. When you execute your purchase, the imposed restrictions are binding. Hence, you must follow the rules.

The amending of the CC…R’s after the purchase may be a challenge but apparently can be done. Although somewhat lengthy, be sure to review the CC…R’s carefully and take into consideration any potential long term consequences. This could affect your future investment strategies.

See more information about phoenix new homes by clicking the link: phoenix new homes today.