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Neighbor approval needed for rental property

Posted on 7/9/20 at 10:38 pm
Posted by Athletix
Member since Dec 2012
5148 posts
Posted on 7/9/20 at 10:38 pm
I was given a heads up before buying a single family home in a small town. One of the codes reads
quote:

A written petition of no objection signed by at least seventy-five (75%) percent of the
owners of the property adjacent to the parcel of land in question shall be required. The
petition shall be in writing and shall include specific details about the proposed use of the
property. Said petition shall be filed at the Town Hall.

Of all the books and videos I've watched and with my experience in other towns, I've never come across something like this. Is this extremely rare, and is this legal? Seems like it opens the door for a long list of potential discriminations.

With laws like this it makes sense why the town is poor, who would risk buying a house and investing money into it, when one neighbor can put a stop to the long term investment with no cause.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 7/9/20 at 10:39 pm to
Privileged Board
Posted by Athletix
Member since Dec 2012
5148 posts
Posted on 7/9/20 at 10:42 pm to
Probably better suited for money talk... maybe some random ot lawyer can chime in
Posted by Jon Ham
Member since Jun 2011
29735 posts
Posted on 7/9/20 at 10:44 pm to
I would appreciate that rule in my neighborhood. I don’t want half the houses in my hood being occupied by transients looking to party just so the property owner can make a few bucks on air bnb.
Posted by Spankum
The Sip
Member since Jan 2007
63359 posts
Posted on 7/9/20 at 10:46 pm to
My homeowners association has the same rule...it is legal and binding. Many have tried and many have failed.
Posted by Gravitiger
Member since Jun 2011
12678 posts
Posted on 7/9/20 at 10:50 pm to
Is that in the municipal code or just the CCRs that govern that subdivision?

The former would be pretty weird, the latter pretty reasonable.
Posted by Athletix
Member since Dec 2012
5148 posts
Posted on 7/9/20 at 10:54 pm to
Code of ordinances, so applicable to the entire town
Posted by Gravitiger
Member since Jun 2011
12678 posts
Posted on 7/9/20 at 10:55 pm to
That is very unusual. Can't speak to the legality of it.
Posted by Thecoz
Member since Dec 2018
3965 posts
Posted on 7/9/20 at 11:34 pm to
never seen it in single family but not uncommon in multi family.. high end condos
Posted by John McClane
Member since Apr 2010
37183 posts
Posted on 7/9/20 at 11:44 pm to
How are they defining “adjacent to”?
Posted by Athletix
Member since Dec 2012
5148 posts
Posted on 7/9/20 at 11:52 pm to
quote:

Adjacent property: any Zone Rl, R2, or SI property immediately in front of, behind, or
located on either side of a property in question (including any property directly across any
street or roadway from a property in question). All adjacent property owners shall be
considered equally regardless of how much property they own adjacent to the property in
question.


Basically I need to go on the tax assessors website and find the owner of the bean field that partially borders this property and ask them if they mind me making my house a rental property.
Posted by Gravitiger
Member since Jun 2011
12678 posts
Posted on 7/10/20 at 12:29 am to
You've seen actual govt codes restricting condos along those lines? Not just the Master Deed? How does the municipality define a "high end" condo?

I did condo law for years (from super high end down to effective slum lords). Written dozens of rental restrictions that got passed by the owners. Never heard of that.
This post was edited on 7/10/20 at 12:41 am
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