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Old 10-07-2010, 02:10 PM
 
1,393 posts, read 1,489,601 times
Reputation: 1284

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Quote:
Originally Posted by gpurcell View Post
Seems pretty cut and dried to me--you entered into a valid contract with a renter that fulfilled the terms of your HOA agreement at the time it was signed. If it were me, I'd respond with a formal letter pointing this out but you may wanted the added security/implied threat of having it on a lawyer's letterhead.
Not really much of a threat. The board members bear no personal financial responsibility. The managing agents are typically in cahoots with the HOA attorney - they are members of the same anti-homeowner HOA vendor trade-lobby group. In many cases, once the homeowner files suit the HOA insurance policy that assessments have funded will be available to fuel the HOA attorney. It's not really a threat, it's more like an opportunity. Board members will seek to vindicate egos and the HOA attorney and management company will work together to make money off of the litigation.
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Old 10-07-2010, 03:04 PM
 
2,060 posts, read 3,543,331 times
Reputation: 1378
God this reminds me of my Brother's girlfriend's Condo. Not only can you not have anything visible on your porch, but you can't wash your own car on the property, nor change the oil either. Her fees are now almost as much as my rent... which begs the question: does she own it or is she actually paying rent in the form of HOA fees? Personally I would never buy anything that had or could potentially have an HOA period.
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Old 03-30-2014, 11:01 PM
 
2,642 posts, read 1,777,320 times
Reputation: 1598
Quote:
Originally Posted by austin-steve View Post
You probably need to speak with a real estate attorney. Property rights, even in Texas, are slowly being eroded by these kind of limitations, and the very meaning of "ownership" of property is being changed. Like frogs in boiling water, I see it happening.

The City of Austin is also now contemplating a Rental Registration program which would place all property owners of all homes that need to be rented under the governance of city rules and code enforcement.

Not trying to start a political debate, but people in general seem to be willingly and/or unwittingly allowing the slow morphing of freedoms and property rights into something that will eventually make us all "renters" for all practical purposes.

Steve
Just fyi, someone recently told me Md is doing that. Rather they did it but there was such an uproar from slumlords and landlords scraping by who could never bring all properties up to code in every way, changing electric, etc etc. that they said okay we'll back off on that.
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Old 03-30-2014, 11:03 PM
 
2,642 posts, read 1,777,320 times
Reputation: 1598
Yes, attorney. You have a contract and your tenant has a contract. Can new Texas law supercede contracts? Let us know.
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Old 03-30-2014, 11:11 PM
 
Location: Austin, TX
8,764 posts, read 18,209,644 times
Reputation: 3619
Wonder what DID happen four years ago....
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Old 03-31-2014, 09:14 AM
 
Location: central Austin
4,699 posts, read 6,969,944 times
Reputation: 1940
Quote:
Originally Posted by Austin97 View Post
Many lenders are putting restrictions on the percent of rentals in a building that they will lend to. This means that property values do go down if the pool of possible buyers is smaller because many fewer people can get loans to buy a condo in a community where > 30% of the units are rented out.
Also, liability insurance rates for HOAs can vary depending on the percentage of rentals! Not that it is right but just to acknowledge that there can be outside factors pushing for limits on the number of rentals.

OP, you need a real estate attorney! STAT!
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Old 03-31-2014, 09:31 AM
 
Location: Austin, TX
8,764 posts, read 18,209,644 times
Reputation: 3619
Quote:
OP, you need a real estate attorney! STAT!
Especially since that 5 year lease is just about up!
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Old 04-01-2014, 11:35 PM
 
Location: Austin, TX
330 posts, read 223,764 times
Reputation: 132
Too funny...
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