HOA covenants and Short Term Rentals

Can an HOA amend its covenants to restrict short term rentals? A court in North Carolina said no if the original covenants had no restraints on alienation, even if the HOA followed all the rules to amend their covenants. McDougald v. White Oak Plantation Homeowners Ass’n, 904 S.E.2d 180 (N.C. Ct. App. 2024). 

Harvard Law School | Bussey Professor of Law | Joseph William Singer | HOA cannot prohibit short-term leasing if original covenants contained no restraints on alienation