Condo and HOA law: Restrictions on the sale and lease of property/transfer of properly restraint on alienation.

A hot topic and contested matter I face often with homeowners’ and condominium associations is the association’s ability to place restrictions on property transfers. In simple terms the ability to approve or disapprove of the sale and lease of units or homes in a residential community. Those who challenge restrictions on property transfers allege their right to transfer their property is being unreasonably restrained.

Restrictions that unreasonably restrain the right of a property owner to transfer his or her property are known as unreasonable restraints on alienation.