Strategize Your Investment Before Investing in Your Strategies

The immediate or future intent of investors, vacation home residents and even full-time residents might be the option to lease their homes if the need arises. Do you think it’s possible to be restricted from renting your home either seasonally or yearly? You own the property so why shouldn’t you be able to fully control how the home is occupied. Well, beware because renting your home may be forbidden.

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.

Surprising enough there are guidelines as to what percentage of grass you are allowed in the landscape, the colors and trim on your house and even your window treatments. Review and thoroughly read the CC…R’s before purchasing a home. You are usually given a certain time frame to review these documents and will have an opportunity to cancel your contract.

Some CC…R’s restrict owners from renting their homes. Some rules state that the property cannot be vacant for any length of time. Most homeowners are aware of the restrictions. During the real estate boom in 2004-2005 many new home builders would not allow someone to buy a home unless it was their primary residence. Even though many homeowners were aware of their responsibilities, the housing crashed left the homeowners no other choice but to break some of these rules. Of course, it was unintentional.

In a normal housing market, rentals have always been considered to be in areas that have a higher crime rate or in an area where property values are low. This is not the case especially in today’s economy. There are so many reasons today why property values are declining. Foreclosures and bank-owned homes are now attributed to this cause as well.

Is renting our homes today an option? This is a good question. Many HOA’s are trying to amend their CC…R’s to prevent rentals in the community. Where does that leave us? Do we have any leverage or authority in the HOA’s? Can they make these changes without our approval?

When you purchase a home the contract stipulates that any CC…R’s are binding and a part of the contract. So in essence you are agreeing to the HOA Rules and Regulation. Now the question is can the HOA change these rules after you have already agreed to the original ones? A purchase contract cannot be amended unless all parties agree.

The issue with amending the CC…R’s after the purchase may be difficult but it can be done. When purchasing a home in a Homeowners Association, read the documents carefully. Consider the long term effects of the restrictions and how they may apply to your investment strategy.

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