I have a question concerning the by-laws that govern a condo association but I feel the need to preface the question with the back story to my question:

My wife and I own a townhouse in Indiana. We have to move out of the state for business for at least 2 years. We discussed the possibility of renting the unit during our absence but my HOA by-laws are ambigous at best concerning the topic.

The original set of by-laws stipulate that the association only needs to approve the leasee and not whether the owner can or cannot rent the unit.

That set of by-laws is on record with the county recorder's office which is required by the Articles of Incorporation and the by-laws.

There is a revised version of the by-laws that the association has been following that changed the original renting language to one that says the association must grant permission to the owner to rent the unit. That set of by-laws has not been recorded with the county.

My wife and I are considering legal action against the association concerning the right to rent my unit.

Are there any legal grounds or precedent to bring litigation against the association?