U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 10-27-2011, 02:11 PM
fzx fzx started this thread
 
399 posts, read 466,433 times
Reputation: 292

Advertisements

My home association declined my request for undue hardship. I want to fight in court but not sure where to file a case and how I can achieve that.

I have a condo which is subject to renting quota. Only undue hardship will allow me to circumvent the convenant. The Declaration/bylaw says: the Board shall be empowered to allow reasonable leasing of a Unit upon application in accordance with this Paragraph to avoid undue hardship, including, but not limited to the following situations: 1) a Unit owner must relocate his or her residence ouside the metropolitan area and cannot within six months from the date that the Unit was placed on the market, sell the Unit except at a price blow the current appraised market value, after having made reasonable efforts to do so.

My unit has multiple obvious cracks on the corner of my wall ranging from 2 feet to five feet. The board has been unwilling to fix it (one quote says the cracks are unpatchable and a full recoating of the complex costs 300K). It is hard for me to sell my unit at the current condition while the board has denied my application for undue hardship.

I am not sure if I have a chance to fight the decision and how should I to do so?

FYI, the bylaw allows owners to file a lawsuit.

Last edited by fzx; 10-27-2011 at 02:46 PM..
Rate this post positively Quick reply to this message

 
Old 10-27-2011, 02:19 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,001,472 times
Reputation: 2200
Quote:
Originally Posted by fzx View Post
...FYI, the bylaws allows owners to file a lawsuit.
Well, I guess that answers your topic question ("Can I sue my HOA?").

You need to consult with a lawyer to see if your case has any merit and chance of winning.
Rate this post positively Quick reply to this message
 
Old 10-27-2011, 02:22 PM
 
Location: The Triad (NC)
32,607 posts, read 76,150,098 times
Reputation: 40414
Quote:
Originally Posted by fzx View Post
...declined my request for undue hardship.
I want to fight in court but not sure where and how I can achieve that.
I say let THEM fight YOU in Court.

Do what YOU have to do...
and if that means that you lease it out if you can't sell it then you do so.

Dollars to Doughnuts...
if the HOA fee's are being paid that'll be the end of it.

Good luck.
Rate this post positively Quick reply to this message
 
Old 10-27-2011, 05:10 PM
 
Location: Barrington
63,769 posts, read 43,343,339 times
Reputation: 20541
Sounds like the HOA does not have the financial resources to address the cracking situation. There could be any number of reasons for this. The most common of which is that the association ( meaning the collective homeowners) prefer the here and now thing, relatively cheap dues versus making sure their reserves are adequate to handle major restorations and repairs.

The other reason is that many associations are using their reserves to pay routine operating expenses because too many homeowners are delinquent.

Without a reserve study based capital plan it's likely there are no objective financial targets for restorations and replacements. It's a time bomb and when theings get bad enough, it will likely become necessary for the HOA to impose a Special Assessment on themselves to take care of business.

It is common for owners in HOAs to behave like renters instead of owners. Somewhere along the way, it becomes a them versus us sort of thing instead of we.

Getting back to your question, please contact an attorney who understands condo laws in your state. Maybe all that is necessary is a letter to prompt the board to reconsider.
Rate this post positively Quick reply to this message
 
Old 10-31-2011, 09:30 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 14,131,241 times
Reputation: 3869
First write a letter to the board requesting you be able to rent, based on the fact that you cannot sell the unit because of the maintenance.

You will need to show proof that you have tried and cannot sell the unit at "current market value" because of the maintenance issue. The only way to do that is to list the unit for sale at "current market value" as determined by your Realtor with comps within that community.

Through the property manager, request to be heard at the board of directors meeting.

There will be a Days on Market
for your price range. If after that time, the home has not sold, (due to the maintenance issue) then it's time to visit the board.

Your agent will need to provide you
with a record of all the people who viewed your unit, and get feedback. The feedback needs to prove that offers are not forthcoming because of the maintenance issue.

Take proof
that you cannot sell the home with you, and request that be considered a hardship and allow you to rent the home.

I would advise against renting the home and letting them sue you.
The reason is, they will be able to fine you, and the fines will continue.

After the fines reach a certain point they can place a lien on your property, and you will not be able to sell it at any time until the lien is paid off or negotiated. The fines will continue. Be sure to speak with the property manager who will tell you exactly how the fine system works in that case.

If you can't reach a settlement with the HOA on allowing you to rent, and if they cannot repair your unit, then explore all the options available. Speak to an attorney who specializes in HOA law, and represents residents. Some only represent HOA's, and others only represent HOA residents.

There may also be an HOA consumer advocate in your area. Ask the property manager about that. S/he will know.

Going to court is a last resort because it can be very expensive, and if you cannot prove a hardship, then you will likely lose because the CC&R wording seems to be written well, and is reasonable in that it allows for certain hardships. If you lose, you may also have to pay the HOA's legal fees.

The reason for limiting the number of rentals is so the complex can be approved for FHA loans. Being approved for FHA financing is a positive for people wanting to buy or sell units in the complex.
Rate this post positively Quick reply to this message
 
Old 10-31-2011, 10:36 AM
 
Location: NJ
17,578 posts, read 44,095,471 times
Reputation: 16241
Have you actually tried to sell your condo?
Rate this post positively Quick reply to this message
 
Old 10-31-2011, 11:28 AM
 
Location: The Triad (NC)
32,607 posts, read 76,150,098 times
Reputation: 40414
Quote:
Originally Posted by manderly6 View Post
Have you actually tried to sell your condo?
Good question.

And most, maybe even all, of the quite prudent CYA documentation that Captain Bill suggests
can probably be achieved using the examples of other properties in the development.

hth
Rate this post positively Quick reply to this message
 
Old 10-31-2011, 07:37 PM
 
4,567 posts, read 9,945,810 times
Reputation: 6697
Quote:
Originally Posted by fzx View Post
I have a condo which is subject to renting quota. Only undue hardship will allow me to circumvent the convenant.
HOA: You renting?
You: I'm not renting the unit, he is my roommate.
HOA: Your lying.
You: Prove it.
Rate this post positively Quick reply to this message
 
Old 10-31-2011, 08:41 PM
 
Location: NJ
17,578 posts, read 44,095,471 times
Reputation: 16241
Quote:
Originally Posted by 399083453 View Post
HOA: You renting?
You: I'm not renting the unit, he is my roommate.
HOA: Your lying.
You: Prove it.
They can simply ask the renter. I'm not sure there is much upside for a renter to lie about it and I assume they can get dragged to court over it.
Rate this post positively Quick reply to this message
 
Old 11-01-2011, 10:53 AM
fzx fzx started this thread
 
399 posts, read 466,433 times
Reputation: 292
Update:

I have sent out an early termination letter to my tenant to fully bide the restrictions imposed by the HOA.

I have talked to a real estate attorney and we will try to base our case on "reasonableness" of governance.

I will have an appriasal to give a value of the property with and without property. (I am not sure the outcome but hope the impact will be enough to justify)

Our new budget proposal is out. Although I have not seen details, the perperty manager kindly informed me that a reserve study will be posted online soon but even so, the maintanance reserve may take 5 years to be full.

I am still collecting evidences and will use notice of lawsuit to force a public hearing on my case. I am not sure the outcome because board is too powerful after reading the whole docs. I hope I will not end up seeing the board in court.

I will keep you guys posted.

Does any of you guys have a sample letter from attorney
Rate this post positively Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads

All times are GMT -6.

© 2005-2022, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top