1. If you rent your unit you need to file a financial AND criminal background check on the renters with the HOA. How can they ask for that? I own the unit its up to me who I rent to, no? If they are allowed to do this, can I ask to see policies on how they handle this sensitive data and if it is insufficient how can I fight it? They technically can ask for that information from renters. It is really common practice for many complexes. This may be included as a clause in your mortgage contract as well.
2. Also they say units can only be rented to a family or an individual. If two same gendered people want to rent, they can’t? That can’t possibly be legal. That sounds a little odd to me, but what's stopping any renters from saying they are cousins?
3. You can’t run a home business from your home. How can they tell someone they can’t make money at their own house?? If I want to sell shit on eBay as a side business I can’t?? Eff You. The lady a few doors down sells gourmet coffee as a business out of her home, she is going to have to stop doing that? That's some bullshit right there. I would ask for further clarification on that. Perhaps the HOA just doesn't want someone to open a business establishment on their property (as I am sure there are different laws/insurances needed in that case).
4. No portable fire pits allowed per Village of Cary. A couple phone calls to the village and the fire department and this is a flat out lie. The village said it was perfectly fine to have one. You would know this better than me.
5. No kiddy pools allowed on property. So the cheap plastic pool I have for my daughter to swim in on hot days is not allowed? What the hell is that? Its properly stored in my garage when not in use.I've seen this bylaw before as well. At our condo complex, anything other than what is inside my actual condo unit is considered "common area", which means that I don't own it and can't use it as I deem fit. I'm assuming this means you can't have a kiddie pool out in the middle of the parking lot, for example.

Those are the main ones I can recall off the top of my head. What kind of asshat wrote this up? And can they really enforce this? Are these meetings just dog and pony shows or can these people actually be reasoned with and convinced these are some bad ideas? I know we have some lawyers and master debaters here, any ammunition you can give me to argue with these people will be greatly appreciated! I have had some luck arguing my point to the head association president at our meetings, usually when it deals with us receiving some bullshit warning letter for having the incorrect curtain colors or having something out on our patio. Completely depends on the person in the position of power.

So our HOA has decided they want to amend the bylaws and distributed the latest version to us. The meeting to “discuss” is Tuesday the 28th. I have a few questions and if anyone has had a similar experience please let me know what you did (if anything) to try and get some common sense adhered to. I don’t have the document with me but some of the updates are as follows:

1. If you rent your unit you need to file a financial AND criminal background check on the renters with the HOA. How can they ask for that? I own the unit its up to me who I rent to, no? If they are allowed to do this, can I ask to see policies on how they handle this sensitive data and if it is insufficient how can I fight it? This is pretty standard. The sensitive data handling is a fair question. Also, I would want to know what the guidelines will be after they have that information. Does the board decide? The President? The entire association?
2. Also they say units can only be rented to a family or an individual. If two same gendered people want to rent, they can’t? That can’t possibly be legal. Again, it sounds like they are giving themselves the right to deny anyone.
3. You can’t run a home business from your home. How can they tell someone they can’t make money at their own house?? If I want to sell shit on eBay as a side business I can’t?? Eff You. The lady a few doors down sells gourmet coffee as a business out of her home, she is going to have to stop doing that? I've never heard of anything like this and would certainly pursue it further.
4. No portable fire pits allowed per Village of Cary. A couple phone calls to the village and the fire department and this is a flat out lie. The village said it was perfectly fine to have one.
5. No kiddy pools allowed on property. So the cheap plastic pool I have for my daughter to swim in on hot days is not allowed? What the hell is that? Its properly stored in my garage when not in use. My association stopped allowing all pools, bag sets, etc. because people were breaking the sprinklers. Personally, I think it was used because one guy had to have his idiot friends over every night playing bags in the driveway, creating what sounded like a gunshot every three seconds followed by douche laughter. I would ask what the reasoning is and ask this to be for times it is not being used.

Those are the main ones I can recall off the top of my head. What kind of asshat wrote this up? And can they really enforce this? Are these meetings just dog and pony shows or can these people actually be reasoned with and convinced these are some bad ideas? I know we have some lawyers and master debaters here, any ammunition you can give me to argue with these people will be greatly appreciated!

The home business thing I've seen before. No one wants trucks coming day and night through a quiet neighborhood.

Good info guys, much appreciated!

And I wish I could sell, but I would lose too much money, hence wanting to rent it out and my concerns with what seems like a ridiculous process of approval by them.

As a person who might be wanting to rent their property in the future, it would probably be best for you to do the credit and background checks on any potential renters. You don't want to get screwed. Better to spend the relatively small amount of money to do this than to get saddled with someone you're going to have trouble collecting rent from in the future.

You mention this is in Cary. You don't happen to live in the Cloisters townhouses do you? I lived there when they were first built, and the association was a wreck.

Associations have things in their bylaws all the time that conflict with the law. The best example is ones that prevent you from putting up a Directv dish. They always try to control those, but Federal law overrides these bylaws. I suspect it is the exact same thing with some of those proposals. Our company insures associations, and they get sued all the time for this garbage. The folks running these associations are dumb and power hungry.

You mention this is in Cary. You don't happen to live in the Cloisters townhouses do you? I lived there when they were first built, and the association was a wreck.

Associations have things in their bylaws all the time that conflict with the law. The best example is ones that prevent you from putting up a Directv dish. They always try to control those, but Federal law overrides these bylaws. I suspect it is the exact same thing with some of those proposals. Our company insures associations, and they get sued all the time for this garbage. The folks running these associations are dumb and power hungry.

Tell them you need a dish for your home business.