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I'm looking at a condo that I want to rent out at least 50 percent of the time (via Airbnb). Signed an offer, got the HOA application and found these sections:
C) I understand that sub-leasing or occupancy of this apartment in my absence is prohibited.
D) I understand that I must be present when my guests, visitors, children who are not permanent residents occupy the apartment unless prior notice is given to the HOA.
My realtor said renting is allowed and I should just sign off. (He hasn't been able to provide the bylaws to me after a week of asking, for what it's worth.) So... Who should I believe? The application or the realtor?
(Spoiler: I believe the application. I'm just wondering if anyone else has experienced this level of stupidity and/or corruption before?)
UPDATE: He sent a text message saying the seller's agent told him it "could be rented out." I responded with an email telling him to strike the language prohibiting it from the HOA application and to replace it with this: "I understand that renting and sub-leasing this unit as an investment property is fully permitted, and that [the HOA] enthusiastically welcomes all guests without prior notice, including the customers of Airbnb."
He just clarified that it can only be rented out twice a year ๐คจ
UPDATE II: Thanks to all of you for the help. A new problem I noticed: The lady selling the place is both her own agent and the only board member listed on the HOA registration. I pointed out her membership on the board after my agent suggested that I just try buying it and running an Airbnb operation off the books. I'm running away from this dumpster fire. It was a great learning experience.
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