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Old 11-26-2013, 08:45 AM
 
4,567 posts, read 10,640,817 times
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Quote:
Originally Posted by mzaharmon View Post
What is a CCR?
Covenants, Conditions & Restrictions
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Old 11-26-2013, 08:49 AM
 
6 posts, read 9,245 times
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How do I go about having a lawyer draft a letter for me?
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Old 11-26-2013, 08:50 AM
 
Location: NC
6,032 posts, read 9,201,668 times
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Unless they have foreclosed and taken the deed to the property then your only responsibility is to pay the owner of the unit. If they do foreclose on the unit, your lease would transfer over to them.

Some HOA's do cover utilities and if the covenants allow for it, I have seen some that can pull the water meter to a property until the past due amounts are paid. Some that have the entire building metered together cannot do so. Just depends on the HOA.
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Old 11-26-2013, 08:51 AM
 
Location: NC
6,032 posts, read 9,201,668 times
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Quote:
Originally Posted by mzaharmon View Post
How do I go about having a lawyer draft a letter for me?
Get a copy of the Covenants and Restrictions before you engage a lawyer. I really don't think you need one.

This is between the HOA and the owner of the property. At least in North Carolina, the HOA cannot harass tenants.
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Old 11-26-2013, 09:08 AM
 
Location: Ocala, FL
6,460 posts, read 10,305,127 times
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OP, I don't know the HOA rules for your community or state but I do know for a fact that in FL the the HOA can demand that you pay them your rent directly and the landlord CANNOT evict you for doing so. The HOA can force eviction if you refuse to pay them directly. I don't think that the HOA can legally shut off your utilities under any circumstance. I think the HOA could restrict you from using community facilities (pool, work-out rooms, community library, etc.)

Keep in mind that I am in Florida and not Georgia and I am not an attorney. You might talk to an attorney to verify your state laws and your rights as a tenant.
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Old 11-26-2013, 05:04 PM
 
Location: MID ATLANTIC
8,672 posts, read 22,886,579 times
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Yes, attorney time. Your roof over your head is worth the investment. Pack up your lease and the association docs (ask HOA to send them to you) You need to know where you stand, and fast.
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Old 12-03-2013, 06:36 AM
 
Location: Fort Payne Alabama
2,558 posts, read 2,894,948 times
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Quote:
Originally Posted by dontaskwhy View Post
OP, I don't know the HOA rules for your community or state but I do know for a fact that in FL the the HOA can demand that you pay them your rent directly and the landlord CANNOT evict you for doing so. The HOA can force eviction if you refuse to pay them directly. I don't think that the HOA can legally shut off your utilities under any circumstance. I think the HOA could restrict you from using community facilities (pool, work-out rooms, community library, etc.)

Keep in mind that I am in Florida and not Georgia and I am not an attorney. You might talk to an attorney to verify your state laws and your rights as a tenant.
In Florida you are 100% correct, the HOA can get a court order requiring any rents be paid directly to them. They CANNOT turn off any utilities, cable, internet etc. even if they are covered as part of the HOA fee. The only thing the HOA CAN DO is restrict usage of the owners and guests/renters to all common areas such as a fitness center, pool, etc.
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Old 12-03-2013, 07:00 AM
 
584 posts, read 1,932,940 times
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reasons not to rent in a hoa building. or buy
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Old 12-03-2013, 08:50 AM
 
Location: Fort Payne Alabama
2,558 posts, read 2,894,948 times
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Quote:
Originally Posted by pendleton42 View Post
reasons not to rent in a hoa building. or buy
Guess you are opposed to anything other than single family homes
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Old 12-03-2013, 09:18 AM
 
Location: Ocala, FL
6,460 posts, read 10,305,127 times
Reputation: 7868
Technically, most homes in an HOA are single family homes.
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