HOA Community standards (real estate, lease, homeowners insurance)

[MotleyCrew]

Originally Posted by IC_deLight

Why does the HOA corporation have a "right" to know who is living in the home? Do the other residents have a "right" to know who is living in the home? Do you believe you have a right to know who and how many are living in every home?

Those are the rules set forth by our HOA and we are simply abiding by them. I did not create these rules and I see nothing wrong with them. Why does the US Census have the right to know the name of every person in every home? Challenge that one. What I believe I have a right to know is not relevent, we purchased this home and the rules were set. Again, their rules, we simply go along with them. Our tenants did not have a problem filling out the rental application with the names of the family members living in the house in which the HOA receives a copy of. Should we find a prospective tenant who feels as you do about sharing the names and numbers of people living in our home, they are free to move on and rent elsewhere. We do criminal background checks through our agents and I supose that would also be discrimination in your book.

[AnthemBaron]

Race is not an issue here. The community is reasonably diverse. The main issues here are two: Can the HOA force the landlord to force the tenant to buy tenant insurance?
Can the HOA demand a copy of the lease when they state in writing that the landlord is responsible and accountable for the conduct of the tenant, and the HOA has NO fiduciary or contractual vested interest in the lease?

[JoeC]

Originally Posted by AnthemBaron

Race is not an issue here. The community is reasonably diverse. The main issues here are two: Can the HOA force the landlord to force the tenant to buy tenant insurance?
Can the HOA demand a copy of the lease when they state in writing that the landlord is responsible and accountable for the conduct of the tenant, and the HOA has NO fiduciary or contractual vested interest in the lease?

Yes. If those requirements are included in the HOA contract that the owner signed, they can.
As had been said on C-D many times in the past: If you don't like the HOA rules & regs - don't buy a house there.
We will NEVER buy in an HOA development - but that's us. Not saying HOAs are "right" or "wrong" - to us, it's just another layer of bureaucracy that we don't want to deal with.

[Zippyman]

Originally Posted by AnthemBaron

Race is not an issue here. The community is reasonably diverse. The main issues here are two: Can the HOA force the landlord to force the tenant to buy tenant insurance?
Can the HOA demand a copy of the lease when they state in writing that the landlord is responsible and accountable for the conduct of the tenant, and the HOA has NO fiduciary or contractual vested interest in the lease?

Seriously, if this issue has you that mad already, living in an hoa community will be hell for you. Some people (including myself) aren't cut out to live in an hoa community,and I suspect you are in that group. Step back, breath, and find another place to live, there are still neighborhoods without hoas.

[CheyDee]

Originally Posted by AnthemBaron

Race is not an issue here. The community is reasonably diverse. The main issues here are two: Can the HOA force the landlord to force the tenant to buy tenant insurance?
Can the HOA demand a copy of the lease when they state in writing that the landlord is responsible and accountable for the conduct of the tenant, and the HOA has NO fiduciary or contractual vested interest in the lease?

I just had a thought about them asking for a copy of the lease... Could it be they want "proof" of who will be residing there simply to give access to any amenities? In other words, without having a copy of a lease, what would stop someone from inviting their friends to have unrestricted access of amenities? For example, if we worked together and you mentioned you wished you had a pool, I could say, "Well, you and your kids are free to use our clubhouse and pool whenever you want - even though I won't be there. I'll just tell the HOA all of you live here now."

[ReadyFreddy]

Originally Posted by AnthemBaron

Race is not an issue here. The community is reasonably diverse. The main issues here are two: Can the HOA force the landlord to force the tenant to buy tenant insurance?
Can the HOA demand a copy of the lease when they state in writing that the landlord is responsible and accountable for the conduct of the tenant, and the HOA has NO fiduciary or contractual vested interest in the lease?

I think asking for the lease is reasonable. I would expect them to want some proof of being an actual tenant. I doubt they care about the lease details other than "who" and "for how long".

I wonder if they're requesting insurance docs or requiring them. If your tenant doesn't want renters insurance, I would submit a letter stating that and proof that your own insurance will cover any liability issues that could arise from the tenant's habitation (dogs, whatever). And if your insurance won't, then I think it's reasonable to require the tenant to. Though you as landlord could pay for it, if you feel it's unfair to the tenant.

I think the 'responsible and accountable for the tenant' might be more pertaining to things like weeds and fines... the little stuff they probably deal with daily. They might not be legally able to go after you for something big like a tenant dog bite, with such flimsy wording.

[Steve Pickering]

I can't believe people are so paranoid about controlling their neighbors they would sign into these agreements. They always (ALWAYS) come back to bite you. Just tell them no and they can bring suit if they want to. Your home owners insurance should cover your legal costs and the HOA will have to pay up if you prevail. I am not an attorney, and I do not play one on TV either.

[observer53]

Originally Posted by Steve Pickering

I can't believe people are so paranoid about controlling their neighbors they would sign into these agreements. They always (ALWAYS) come back to bite you. Just tell them no and they can bring suit if they want to. Your home owners insurance should cover your legal costs and the HOA will have to pay up if you prevail. I am not an attorney, and I do not play one on TV either.

I doubt that homeowners insurance would cover legal costs for an action of this nature. I would not advocate this course of action without looking in to that... legal fees add up fast.

[Kimballette]

Originally Posted by JoeC

Yes. If those requirements are included in the HOA contract that the owner signed, they can.
As had been said on C-D many times in the past: If you don't like the HOA rules & regs - don't buy a house there.
We will NEVER buy in an HOA development - but that's us. Not saying HOAs are "right" or "wrong" - to us, it's just another layer of bureaucracy that we don't want to deal with.

So much common sense in one post! I'm consrtantly amazed at how worked up people get about something they agreed to. If you're opposed to the provisions in a contract, CC&Rs, etc., then don't sign. Move on.

[ReadyFreddy]

But in this case the HOA passed a new rule in a community they already live in. I guess the moral is "if you care about the rules, become a member of the HOA board so you're aware of what's going down before it's a new rule, and can possibly stop it."