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.
In our community we have a 10% restriction leasing cap in our bylaws. We have already reached the 10% limit, but some other homeowners are illegally renting their unit without COA permission. Can these illegal rental units be added to the total number of leasing units?
For example: only 20 houses can be rented, and all of them are rented, but after passing residency affidavits, we realize that more than 15 houses have been rented without the COA permission. Can these 15 illegal rentals be added to the leasing cap, making a total of 35 been leased? Is it considered overlap cap?
If you're limited to 10% every rental past that 10% ratio is illegal and against he bylaws and probably subject to fines. Now the policy can be put to a vote to the homeowners to raise the cap and if it passes the percentage gets raised to whatever the new ratio was approved in the votes.
It's a matter of the board enforcing the rules in the CCR/bylaws. If they don't enforce it you can all get together and vote the current board members out and vote new board members in. Then you can enforce the bylaws. Expect to get resistance from the homeowners who are renting
We have 10% cap that has been reached, 20 units. We also have a list of illegal renters, 15 units. So the total number of renters between legals and illegals is 35). In case one of the legal number goes to 19, can somebody on the waiting list be offered a permit? Even though we still have 15 illegals, making the total now 34?
My leasing cap is 10% - 20 units. Suppose I have only 19 units that have legally been rented, which means I have a legal permit available. Can I give a permit to somebody on the waiting list, even though we have more than 15 units illegally renting that are not on the waiting list?
My leasing cap is 10% - 20 units. Suppose I have only 19 units that have legally been rented, which means I have a legal permit available. Can I give a permit to somebody on the waiting list, even though we have more than 15 units illegally renting that are not on the waiting list?
I am curious as to where you fit in the mix. Do you have an undeclared renter?
So what I think you're asking is if the one of the illegal units should now receive a permit, or if the now available permit should go to someone that requested it? I would think the permit would go to the person that requested it before the illegal rentals receive a permit. Otherwise you are discouraging owners from applying for a permit and rewarding those that are renting illegally.
Our COA has a 10% leasing cap in our bylaws. We have documented units with non-owner family members residing in the unit, and COA non-approved renters occupied units. Are these "family member occupied and unapproved rentals supposed to be added to the total number of rental units that are then applied to the 10% leasing cap?
rrah,
You got my point. I am on the board, and I don't want to be sue by the homeowners for doing anything that would reward those that are renting illegally.
But I don't know if we can give any more permit, regardless, knowing that the total of renters, legal and illegal together, is more than the 10% allowed.
The illegal renters have never applied to be on the waiting list, they are just doing whatever they want to do
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 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.
