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Homeowners protest move to restrict HOA’s powers

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    NASHVILLE, TN (WSMV) — Homeowners came by the busload to the State Capitol on Tuesday. They are fighting proposed legislation they say takes away their right to protect their neighborhoods.

Homeowner associations make lots of rules like what color your house can be and what kind of fence you can have. Now some homeowner associations are making rules to limit owners from renting out their houses or condos.

On the other side is both a rental industry and lawmakers who say property owners have a right to rent.

Linda Southergill lives in Spring Hill in a subdivision that she said is turning into mostly rental homes.

“At this point, I’m at 38% or more commercial rentals. This has a big impact on the neighborhood,” she said.

It’s not just in Spring Hill. Property records show that in many Tennessee communities, big companies that are based out of state are buying up houses and converting them to rental homes.

Some HOAs are trying to stop the trend; if they don’t already have rules prohibiting rentals, they’re writing them now.

Some lawmakers say HOAs shouldn’t be allowed to change the rules for people who bought houses under the old rules.

“What about the property rights of the person who owns the property in an HOA lawfully, in full compliance with the HOA, and is using that as a rental property generating income for their family?” said Sen. Jack Johnson, R-Franklin.

Johnson pointed out that if a homeowner has been renting to a long-term tenant and that tenant’s lease is up, the tenant would have to move out, even if the renter and the owner both wanted to renew the lease.

The committee members passed the bill limited to HOA’s powers to restrict rentals. The bill now advances to other committees.

“It’s not right. It takes away the right of the HOA, which are the homeowners, to govern themselves, to say what’s going to happen with their investment,” said Southergill.

The bill proposed does not affect short-term rentals, like AirBnBs. It would only affect rentals that last 180 days or more.

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