Condo Rental Limit (tenants, fees, condominiums, agreement)

[perfi]

I own one condo (bought in July, 2006) in association that has 12 condominiums. The association made an amendment filed on Nov. 2006 and request submitted on 10/30/2006, which I was totally unaware of. The amendment says that it was voted on 07/25/2005.
Amendment: In order to encourage/preserve a high degree of owner-occupancy and stability, no more than three units (25%) of total units may be leased out at any one time.

1. Does this amendment rule apply for me? This rental restriction amendment information was not provided to me at the time of purchase, also there were change in Management Fees in the amendment, when I found that later, the previous owner agreed to pay the fees for the next year.

2. Can by law I request my association to provide me the rental agreement information, such as rental From/To and the signed date?

3. Can I sign the rental agreement in advance from the date forward to the current rental expire date so I can get opportunity to rent my condo? Is that a fair game?
4. Is there any default rental duration limitation apply when none is specified in the association document?
5. What are the legal options available to me to resolve this issue.

Thank you very much for your inputs.

[dontaskwhy]

Yes, it would apply to you and it should have been disclosed prior to closing. There should be no reason you cannot request the information from the condo association. Why are you asking advice 6 years after the actual change? Might be too late.

Might help if you confirm what state/city the condo is in. You should speak to an attorney directly to verify your options. I am not an attorney and I doubt an attorney will offer legal advice on an open forum.

[perfi]

thanks dontaskwhy.

I had to move to different state recently that is why I need to rent it make my ends meet, before i was really ignorant of this rule and its effects.

the condo is located in Madison, WI.

If it helps, the statement in the amendment is mentioned below, nothing else beyond this..

"The units are intended for residential use as is presently or hereafter defined and permitted by the City of Madison Zoning Ordinances and are restricted to that use. Units are zoned R4. Units may be leased to tenants provided that no more than two unrelated individuals, or a family and one roomer, may occupy a unit during any lease term.
If a unit is rented, the Executive Board shall be sent a copy of the lease with the names of the renters within thirty (30) days for record, not for approval. This requirement must be met even if the owner is residing in the unit. The Executive Board also requires notification of all non-owner residents, whether or not they are renters.
In order to encourage/preserve a high degree of owner-occupancy and stability, no more than three units (25%) of total units may be leased out at any time. If a non-residential owner does not live in Dane County, then that owner must retain a management company to manage the rental of the unit. Alternatively, the owner may retain an individual property manager, subject to Board approval."

[accufitgolf]

Originally Posted by dontaskwhy

Yes, it would apply to you and it should have been disclosed prior to closing. There should be no reason you cannot request the information from the condo association. Why are you asking advice 6 years after the actual change? Might be too late.

Might help if you confirm what state/city the condo is in. You should speak to an attorney directly to verify your options. I am not an attorney and I doubt an attorney will offer legal advice on an open forum.

I do not think the OP is saying he was never informed. I think what he is saying is he never paid attention as it was not an issue until now. The change was offered 3 months after he bought in and was filed 4 months after he bought in.

I would look at how the change was made. Meaning the Covenants and/or Bylaws will say how changes can be made so be sure the change was made properly. The OP might have even voted for such a change but did not pay attention. The OP might be grandfathered in (typical to get people to approve things) where it does not apply to him.

I would suggest he ask the HOA President then pleads his case to the BOD if necessary before he hires an attroney.

Hope this helps.

[MrRational]

Originally Posted by perfi

5. What are the legal options available to me to resolve this issue.

Sell.

[399083453]

Originally Posted by perfi

Does this amendment rule apply for me? This rental restriction amendment information was not provided to me at the time of purchase, also there were change in Management Fees in the amendment, when I found that later, the previous owner agreed to pay the fees for the next year.

Lets put it in perspective.... the town you live in changes a law in your town. Do they send you a personal copy? No. Is it available if you ask? Yes. Are you legally obligated to follow the law, even if you didn't know about it? Yes.

Same goes for HOA rules.

Originally Posted by perfi

What are the legal options available to me to resolve this issue.

Personally, I would just ignore any rental restrictions a condo/hoa passes. Rent it, and dont notify anyone, but make sure the renters have a copy of all the condo rules and state in the lease, if they break any of the rules they may face eviction.

[perfi]

Thanks accufitgolf.

As you suggested, I have presented my case to the board members and requested help, and gone thru the voting to make the exception and then amend the bylaws and rules but lack of required number of votes both failed.

Both President and Seceratary are currently renting their units and using it as income property.

I cant even sell it, that was my first and ultimate wish, but beause of real estate crash the value is so low that I cant sell.

Sorry too many hurdles.

[perfi]

Thanks 399083453
"Personally, I would just ignore any rental restrictions a condo/hoa passes. Rent it, and dont notify anyone, but make sure the renters have a copy of all the condo rules and state in the lease, if they break any of the rules they may face eviction."

Could you please state the repercussion if the association finds out. Since everybody in the association knows the issue I am facing and that I have moved out of state.

[399083453]

Depends on too many factors. If the association has a fine structure in place specifically for owners who rent units who do not have votes. If the amendment to prevent renters was even legally voted in correctly and amended to the CCR's legally, etc.

If your underwater and cant sell, moving out of state, and cant rent, its only a matter of time until you stop paying and let the bank foreclose. Personally, I'd rather deal with a upset HOA than a foreclosure. Its obviously a hardship. Its likely the condo association will just ignore the fact that you are renting. If asked, just tell them its your roommate.

[Avalon08]

Wow, that really s-u-cks for you. How nice that the Board members benefit from rental income, while you're stuck. I've seen HOAs that limit rentals to seasonal or month-long, but I guess I wasn't aware that they could prevent renting altogether. I suppose the only thing you can do is rent it out and tell the HOA it's a friend or relative acting as the "property manager" for your unit. We used to have people in our HOA do shady stuff like that all the time. Weekend rentals weren't allowed -- they had to be a minimum of one week -- so they'd write up the contract for a week term, and write the amount in a way that a 7 looked like a 4 -- so a $400 weekend rental looked on paper like a week for $700. Anyway, the HOA would probably suspect you're renting, but they'd have to go to great legal lengths to prove it. The thing is, it might be tough to find a tenant who's willing to play along with the game.