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Condo Boards are made up of unpaid volunteers. As others have stated, they typically meet only monthly, and there is no mechanism for any ONE individual Board Member to make a decision on a submitted application. All Board decisions must be made by a majority OF the Board.
Having said that, the actual process of approving a properly completed Rental Application takes a very short time if you have access to the proper tools. Be sure that you, and the Board, is following the applicable laws such as Fair Housing; Fair Credit Reporting Act; Service Members Civil Relief Act, and others.
Were you aware of this requirement before you purchased or started renting the unit? All buyers have the opportunity to obtain copies of Association rules prior to purchase. The problem is, very, very, few take the time to read and understand the consequences of those rules. This, in spite of the fact that by purchasing, you are indicating your agreement to abide BY those rules, according to law.
I was so clueless I didn't even know to ask about that when I bought my condo! You'd think my real estate agent would have mentioned that, but no.
After I moved in, I asked the property manager for a copy, and she said the sellers should have given it to me. Well, they didn't. Then she said I could get a copy printed for $80. I said forget it.
I was so clueless I didn't even know to ask about that when I bought my condo! You'd think my real estate agent would have mentioned that, but no.
After I moved in, I asked the property manager for a copy, and she said the sellers should have given it to me. Well, they didn't. Then she said I could get a copy printed for $80. I said forget it.
Now I am on the board and have a pdf copy.
A copy of the bylaws should have been provided for attorney review (along with two years of board meeting minutes). No attorney should have advised purchasing without reviewing these.
Your lender should have wanted to have a copy of it as well--in fact in most states if the bylaws are amended for any reason, all lenders holding mortgages in the building are required to receive a copy of those changes.
Even after you buy, in most states the association is required to provide access to not just the bylaws but all condo records, upon request. I presume the $80 was for printing costs or something. But these days most bylaws are in PDF format so it shouldn't cost anything.
I don't get how you even managed to get through the purchasing process without seeing the bylaws.
Let's be honest about the previous owner keeping a full copy of the community rules and covenants. It doesn't always happen but a new buyer should request/demand a copy if the prior owner no longer has them and it should be the prior owner's responsibility/cost in that event. If they complain, it doesn't matter and it is not an excuse that they can claim otherwise. I am a former realtor and I always insisted on this for my clients either as a seller's or buyer's agent. I am in Florida and the process may work differently in other states.
condos are really supposed to be owner occupied so there is likely nothing in the buy laws pertaining to a time frame for rental approval ..if anything they state just the terms surrounding any rental.
Location: Sarasota/ Bradenton - University Pkwy area
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Here in Florida, under Florida law, a buyer can cancel a transaction within three days from the time the buyer executes the purchase contract and then requests/receives a current copy of the condominium documents (the declaration of condominium, articles of incorporation, bylaws, rules of the association, most recent year-end financial information and the frequently asked questions and answers document).
This is normally done thru a condo addendum attached to the purchase offer. The three-day period is calculated in business days. It excludes Saturdays, Sundays and legal holidays. This period cannot be waived or amended per FL statutes.
This gives buyers time to review the condo rules and regulations, especially the rules pertaining to rentals if the buyer wishes to rent out the condo at some point in time.
Having listed and sold quite a few condos over the years, most condo associations provide specific information regarding rentals -- such as length of leases required, application process for rentals (including specific time period for approvals), tenant approval process, etc. Most also have an application form for tenants to be completed by the landlord that also explains the approval process, fees involved in the approval process, days required to complete the approval process.
Many condo associations require credit checks on prospective tenants, some also require background checks (up to and including criminal records). The more involved the background check, the more time to process the application. Plus, as others have already mentioned, most boards only meet once a month at most, and applications are approved at those monthly meetings.
Not sure how getting a lawyer involved would speed up the approval process, especially if the rules are available and should have been known by the OP.
Most states give buyers time to review docs. But I have noticed a new attitude by several states towards HOAs and the regulators are not as friendly as you would think. Rulings are being handed out in VA and HOAs ordered to pay 1000s for not going about things in the legal way. We had a ruling in VA that completely turn HOAs on their ears for By-Laws not being specific enough. And then in NC, I hear there's little to no power from the state side, all the power is with the HOAs.
If you have old documents, you definitely want to get an attorney's opinion. My first HOA was disbanded because all of the homeowners were not brought into the fold correctly, and poof, bye-bye ACC rules. My second and current doesn't have the power to enforce the ACC rules, because they are not specific and it takes a super majority to change that. We cannot even add a tenant approval process...that's a By-Law change, and we don't have a super majority (and we are not a condo, but a TH).
A copy of the bylaws should have been provided for attorney review (along with two years of board meeting minutes). No attorney should have advised purchasing without reviewing these.
Your lender should have wanted to have a copy of it as well--in fact in most states if the bylaws are amended for any reason, all lenders holding mortgages in the building are required to receive a copy of those changes.
Even after you buy, in most states the association is required to provide access to not just the bylaws but all condo records, upon request. I presume the $80 was for printing costs or something. But these days most bylaws are in PDF format so it shouldn't cost anything.
I don't get how you even managed to get through the purchasing process without seeing the bylaws.
Interesting. It may have just been that I was buying during the 2010 tax credit. Had to be under contract by April 30, close by June 30. Attorney was backed up. I got up the morning of June 29 still not sure when I was closing. Got a call at 2 pm to go to the lawyer's office at 5. Closed at 5:30. That's the only time I ever actually met the attorney.
Yes, the $80 was for printing. It was 2010. But now I have it pdf.
I would doubt a Rule on the 3 year wait would hold up in court. Having a Covenant say that would hold up.
The way it works, per the attorney, is that we send put a notice to the owners saying this amendment has been proposed. We need a certain percentage of owners to say No to the amendment for it not to go through. If enough don't say no or do not respond, it goes by default.
Not every amendment can work this way, but this one can.
Most states give buyers time to review docs. But I have noticed a new attitude by several states towards HOAs and the regulators are not as friendly as you would think. Rulings are being handed out in VA and HOAs ordered to pay 1000s for not going about things in the legal way. We had a ruling in VA that completely turn HOAs on their ears for By-Laws not being specific enough. And then in NC, I hear there's little to no power from the state side, all the power is with the HOAs.
If you have old documents, you definitely want to get an attorney's opinion. My first HOA was disbanded because all of the homeowners were not brought into the fold correctly, and poof, bye-bye ACC rules. My second and current doesn't have the power to enforce the ACC rules, because they are not specific and it takes a super majority to change that. We cannot even add a tenant approval process...that's a By-Law change, and we don't have a super majority (and we are not a condo, but a TH).
Is your Townhouse not a condominium? What type of ownership do you have, then? Co-op?
Our condo is mostly townhouses with one-story "ranch" styles every few units.
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