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The association has freedom of association but the individual owners do not?
Individuals are free to decide if they wish to purchase a particular condo and live under that association's rules or buy elsewhere. They're not hapless victims.
The individual owners make up the association. Perplexing, isn't it?
Yes they do and most association rules are put in place to protect the rights of the majority which in some cases could infringe on the rights of certain individuals.
As others have said, living in a community where there is a HOA is not for everyone.
The association has freedom of association but the individual owners do not?
I didn't say that and I have no idea where that is coming from.
When a buyer purchases a condo, s/he is not only buying a place to live. S/he is also joining an association made up of all the unit owners and typically managed by a community management company and manager. The association is responsible for whatever its by-laws say it is and that might include restricting who, if anyone, can live in the unit (other than the unit owner and the unit owner's immediate family, typically) for a period that extends beyond whatever it might consider a visit. The idea behind that is not to be a PITA. Most condo associations have rental rules of one type or another. By limiting how long someone can stay as a guest, it further defines the point at which the rental rules apply.
My association has rules like this but, to my knowledge, they have never been enforced because it is nearly impossible to know each owner's situation.
It is important to note that there is no infringement of rights here. Buyers who don't like such rules should not buy in associations with such rules. It has nothing to do with freedom of association whatsoever.
What many condos are trying to avoid is someone basically using their home as an AirBNB rental.
Also, I assume you wouldn't want to live below someone who was trying to cram, say, eight people in a 2-bedroom, right?
So, yes, it's a home but you still have to be considerate of neighbors when you share walls.
AirBnB in its true form where owner is home while guest is visiting is hard to stop if only done once in a while and to folks who are similar looking to owner.
My asian female co-worker single in her 30s rents around 5-10 times a year on airbnb to other single asian females and is home at the time. Hard for condo to stop it since they allow guests and roomates and she is home at the time.
AirBnB in its true form where owner is home while guest is visiting is hard to stop if only done once in a while and to folks who are similar looking to owner.
My asian female co-worker single in her 30s rents around 5-10 times a year on airbnb to other single asian females and is home at the time. Hard for condo to stop it since they allow guests and roomates and she is home at the time.
From a practical point of view, you are probably right. However, there might be (and probably are) restrictions on rentals (are they allowed, minimum period, association approval required, etc.) where, if they find out, they can fine her for each violation. Should be part of the thought process...
From a practical point of view, you are probably right. However, there might be (and probably are) restrictions on rentals (are they allowed, minimum period, association approval required, etc.) where, if they find out, they can fine her for each violation. Should be part of the thought process...
Except it is a lot easier when folks live off-site and rent illegally. The condo president is single, I doubt she would like someone banging on her door in middle of the night every-time she has a guy stay over. The person who rents could insist it be enforced on everyone. Or simply call it racial profiling.
The other gray area is the "roomate rule" most condos allow a single roomate, must be no walls separating apt, expense split and we have roomates in the two bedroom units. So right off bat girl is allowed a roomate.
However, leases less than 30 days are not allowed. But bottom line I dont care if folks do it once in a while. Heck they use the money to pay common charges and taxes.
I am just trying to block absentee investors from running a hotel.
AirBnB in its true form where owner is home while guest is visiting is hard to stop if only done once in a while and to folks who are similar looking to owner.
My asian female co-worker single in her 30s rents around 5-10 times a year on airbnb to other single asian females and is home at the time. Hard for condo to stop it since they allow guests and roomates and she is home at the time.
That's why some condos/hoa's have rules that you can only have a person stay with you 2 times a year for only a week and only after registering the person with the HOA
That's why some condos/hoa's have rules that you can only have a person stay with you 2 times a year for only a week and only after registering the person with the HOA
Which is easier to do if you have amenities, gated community, assigned spots, pool, gym.
One condo near me actually has a gate to get in, once inside assigned spots, then a full time doorman. Once in you need an access badge for gym or pool. The have strict rental rules and charge a hefty rental fee that everyone pays as no choice really.
My condo is a garden apt style every unit their own entrance. We are right by public beach, tennis courts and park and have on-street parking. No gate, no amenities, no on-site security, no super or managing agent on -site etc.
Harder to catch folk. For instance I can give keys to my brother, sister, nieces or nephews as no rules on family staying there. But there is rules on rentals. Furnished rentals is a tough thing to catch. When folks move in an out with a moving truck gotcha. But folks showing up with gymbags to stay a few nights, who knows. Could be brother or sister, etc. Do it a lot busted but once in awhile who cares.
Inlaws have to get out of town visitors approved in advance if staying over a week. Not hard to do but they are required to do it...not sure it's ever enforced. But I do know we had to send copies of our licenses the first time we went for 2 weeks.
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