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Where Do We Stand on Rental Restrictions? | Legal Insights Blog

Our blog and quarterly events addressing the issues affecting condo association and HOA boards.

Where Do We Stand on Rental Restrictions?

The law of rental restrictions is a mixed bag at present. Most attorneys who practice association law believe that to restrict leasing, the declaration of the condominium must be amended, but they cannot agree on the number of votes needed to pass such an amendment, whether 75% or 100%. Some lawyers take the position that leasing can be restricted by simple vote of the Board under the authority of ORC 5311.081(B)(5). Certainly, the most conservative way to restrict leasing is to amend the declaration by a vote of at least 75%. To date, the Ohio Supreme Court has not been called upon to settle the question of whether the association can restrict leasing, and if so, how. Unfortunately, the lower court cases are conflicting on the issue. Until the Ohio Supreme Court can decide this issue, leasing restrictions can be done but should be approached with caution.

Charles T. Williams

Charles T. Williams

Charles T. Williams (retired) is the firm’s founder. A native of Columbus, Ohio, and a veteran of the Vietnam war, Mr. Williams earned his law degree from Boston College Law School. During his years of providing legal counsel, he was widely recognized as one of Ohio’s foremost attorneys to practice homeowner association law and condominium law.