4039 - Question: I have been appointed by the Board of Directors of our Condominium Association to investigate whether our association can impose restrictions on renters in our building. Having reviewed some material -- and talked to a lot of people -- I am totally confused. The number of non-resident owners within our complex is currently over 40 percent. I have heard that this high ratio of investor-owned units will cause problems with our ability to obtain mortgage loans, whether we want to sell or refinance. Can the Board legally impose restrictions on leasing? Our Bylaws allow leasing of units, so long as the lease is for one year or more. Answer: The simple answer to the complex problem is no. Your Board does not have the legal authority to restrict leasing. But your Association can adopt such a restriction, although it "ain't" easy. In any condominium association, there is what we call the "hierarchy of the power source". In order to determine what a Board can -- and cannot do -- we must first look to the operating statute in the jurisdiction where your condominium is located. For instance, in Maryland, Virginia and the District of Columbia there is a specific condominium statute. This law is the highest power source. Read this Nemmar Real Estate Training article at Laws, Lawyers, Deeds, Building Codes, Zoning