Illinois HOA changing rental rules (renter, corporation, pay, neighbor)
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This is a bad situation. Most of the community is disengaged. The 20% who rent like me don't live in the state. The ones that now control the board purchased when value dropped by 50%. They are not concerned about triggering forecloses.
It's good that they can't kick my tenant out, but I'll just have to walk away from the home once the lease is up. I see nothing in IL law that says they can't take away my right to renew or submit a new lease when the current one is up.
If I ever buy again, it will never be in a community with an HOA again.
HOAs have some pull but it's not that much. Some HOA board members get power crazy and think that they can just make up rules as they please. ( hey we had one guy that was going crazy making up rules. The board got so many complaints they kicked him off the board) I asked my wife about the time they tried to do it at our place ( and it was basically to limit the amount of allowed rentals as a percentage not outright prohibition which most likely would prompt a lawsuit from a few owners) and they needed 75% majority vote. It. Failed. Miserably.
The HOA might run against violation of free commerce laws. Just because they dint like people having investment properties in their community doesn't mean they can snap their fingers and make it illegal.
There have been several high profile cases of HOA going after and fining owners for not maintaining lush green lawns in California in spite of the drought and water restrictions...
A new State Law preempts this and was just signed be the governor.
They interviewed one HOA president who simply said we have rules and the owners agreed when buying in... guess it will cost the HOA thousands of dollars to continue down that path...
Our CC&R's don't say you must maintain a lush green lawn, they say you must maintain your landscaping in a pleasing, presentable manner (paraphrasing), so the HOA notified those who stopped watering their lawns after the gov signed the bill, that they must either replace their lawns with artificial grass, xeriscape, or paint their lawns. Lawn painting has become very popular with the drought.
Homeowners choice, but they must bring their lawns into compliance. Ugly, dead lawns are not in compliance and must be fixed. More than one way to skin a cat...
... the HOA notified those who stopped watering their lawns after the gov signed the bill, that they must either replace their lawns with artificial grass, xeriscape, or paint their lawns. Lawn painting has become very popular with the drought.
Just when I think I've finally seen "ludicrous" taking on new meaning, something else pops up. As the ice cap continues to melt what next, prefabricated ice floes and glaciers so that it continues to "look right"?
There's also the good ol' boy system. A good handshake can cirumvent government agency requirements. And the govt reps response? "Well, we could do something if you have pictures". So, the liklihood of residents going around with cameras?
Just when I think I've finally seen "ludicrous" taking on new meaning, something else pops up. As the ice cap continues to melt what next, prefabricated ice floes and glaciers so that it continues to "look right"?
What is it about a brilliant solution that offends you so much?
Only own one HOA property and so far so good... the previous owner ran into problems the last time mandatory water restrictions were implemented over the green lawn clause in the by-laws.
He had the lawn dyed green and still got a letter... had his lawyer answer the HOA attesting to the fact his lawn is green...
After private session the board accepted it.
My Godsister ran into problems recently... she took out her lawn and replaced it with rock and succulents... a cactus garden.
For Californians reading this Governor Brown signed Laws protecting residents in HOAs who replace or reduce watering lawns... Assembly Bill 2104 and Senate Bill 992
This is a bad situation. Most of the community is disengaged. The 20% who rent like me don't live in the state. The ones that now control the board purchased when value dropped by 50%. They are not concerned about triggering forecloses.
It's good that they can't kick my tenant out, but I'll just have to walk away from the home once the lease is up. I see nothing in IL law that says they can't take away my right to renew or submit a new lease when the current one is up.
If I ever buy again, it will never be in a community with an HOA again.
Renegotiate the lease BEFORE proposed bylaw changes take effect and write a long-term lease with rent escalator.
Um, you are the HOA ( Home Owners Association ) Check to see what percent is needed to change by-laws. Often it is 100%. Just vote no. Otherwise join with other landlords.
This is the best advice so far, IMO. You need to get the documents, read them, see what the rules are for changing the restrictions and try to work with other owners to fight it. At least around here, the threshold is never 100%, but its definitely more than a simple majority and most of the times over 2/3 to change, so a few no votes and you are fine.
Does anyone know of a good attorney in Illinois to look over this change. My association wants to restrict rentals to less than 45%, which it is. However in each building they only want 2 out of the 4 as rentals. My building have 3 out of the 4 rented.
I need an attorney to look this over and give me some ammunition so when I go to the board I can throw out some sort of verbiage that I received from an attorney.
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