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Our California HOA Rules limit Renting of our Units, but Our Declaration of Conditions, Covenants and Restrictions ("CC&Rs") permit Renting of our Units

Which HOA document controls whether or not a unit can be rented? The CC&Rs are deed restrictions on all of the properties. As such, as to what you can and cannot do on, in or around the property is controlled by the CC&Rs. The HOA is permitted to pass Rules, but the authority and substance of the Rules must be permitted under the CC&Rs and applicable Statutes. Some HOAs incorrectly believe that they can pass whatever Rules are deemed to be appropriate for the community. This is an overreaching and incorrect statement. 

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The Loftin Firm, P.C.

The Loftin Firm, P.C.
5760 Fleet Street
Suite 110
Carlsbad, California 92008-4713

Toll Free: 866-933-2340
Phone: 760-814-9649
Fax: 760-431-2003
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