If a condominium ownership agreement states it cannot be a primary residence and cannot be leased out, is this allowed?

The provision in the condominium ownership agreement that restricts the use of the property as a primary residence and prohibits leasing can indeed be upheld if it serves a reasonable purpose. This type of restriction is often designed to maintain a certain character within the community, enhance property values, or ensure the property is primarily occupied by individuals who are committed to the community.

Generally, such agreements are enforceable if they are clearly stated in the condominium's bylaws or governing documents and are established for legitimate purposes related to the welfare and ambiance of the community. If the restrictions are reasonable and not overly burdensome, they can be considered valid. These conditions typically must also comply with local laws and regulations regarding housing and property use.

While there might be concerns related to ownership rights and state law, these typically would not invalidate a reasonable restriction, especially if those laws allow for such covenants. Thus, acknowledging the need for reasonable restrictions underscores the balance between private property rights and community standards in condominium governance.