can the HOA prevent us from renting or condo?

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BCmommy

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My jurisdiction is: Long Beach/ California

My husband and I own a two bedroom condo in Long Beach California. Due to the current housing crisis our condo has dropped over 100,000 in value in the last two years. We would like to sell it but we can not efford to take that kind of loss. We have recently had a second child and our family no longer fits in our condo. We would like to rent our condo out so we can move into a house but the homeowners association has a rule limiting the number of units rented to 8. For the past year we have been on a list to rent out our unit but the 8 units that are renting have been doing so for years. There is also one owner ahead of us on this list. I am afraid we will never be able to rent.
In addition to this the neighbor below us ( a renter) complains daily about the noise of my two year old walking. She says we should lock him up in his room so she doesn't have to hear him. Whenever she decides to upset us she will turn up her music so load it vibrates our floors. We have called the police on her but it doesn't seem to stop. She is making our lives very stressfull.
Can we go ahead and rent our unit out even with this HOA rule? We need to get out of here.
 
Nope, if your rules say no renting then you cannot do it and you risk a daily fine if the HOA finds out about it. If you need to get rid of the condo then you may have no choice but to sell it and take a short sale. The market is not going to pick up for at least 1-2 years. Many HOA's have this rule as rented out units become a nuisance and they drop property values. When you bought the unit you were aware of the rules.

Ignore the complaints of the neigbor. If he does not like the noise then he can move.
 
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