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My HOA board denied a request to rent one of the condo's in our complex. I will double check the wording in the bylaws later today.
I want to move in a year or two to someplace warmer, but I'm upside down. I bought in 2005 and put too little down. Instead of losing $50k+, I'd like to rent my condo until values go up again. I already own another property and rent it, so I'm familiar with being a landlord.
It seem the board picks and chooses which bylaws to enforce. Do I have any legal recourse to force their hand. I live in IL. The board doesn't enforce some rules like maximum dog size and storage under our decks (considered a common area). Is it worth contacting a lawyer?
I understand why the HOA doesn't want renters, but a short sale would hurt resale more than responsible renters. A short sale would also kill my great credit (>800 score).
What does it say about renting out your home in the by-laws..? If it's legal to do so, and no stated rules against it, I don't see where the board has a leg to stand on.
I live in a HOA community, and we don't want any renters in here, they are usually bad for property value.
As one of the board members, we contacted an attorney to see if we could legally keep people from renting. We were informed that (in California) there is nothing to say we can't prevent renters, but there is no president, so we could possibly be sued if we did try to prevent renters. We decided we don't want a possible lawsuit, so we do allow renters, with some guide lines.
First, only a percentage of homes may be rented, no more than 10%. Second, the property owner is still responsible for the way the home is maintained, so any problems and the owner is the one to end up in court. That keeps the burden on the homeowner.
We send a copy of the rules to the renter to read and sign before they move in. In the one instance we had where the yard wasn't maintained, we called the owner and the problem was soon rectified.
We now have two renters out of the 70 homes, and both renters are very good about following the rules.
It's a slippery legal slope. I would first read over the rules closely and be familiar with them, then talk to the board to see exactly what their objection is.
Our board is pretty easy to deal with, as long as you communicate, and are reasonable. Some boards are not so nice....
Good luck...
If it is in the contract you have no chance but you can sue them for not holding up the things they should enforce and don't do...you can try to send them a strong letter and see how they react to other items the don't look at but are in the rules and regulations....I don't think you will gain anything from doing so other than other people might end up losing their dog, but rules are rules...
I tell everybody to read the HOA rules and regulations before you buy...
On a sidenote, how are you supposed to get the HOA rules and regulations before you buy? We just began renting in an HOA area, and we called the HOA and asked for a copy of the rules, and they wouldn't give them to us because the landlord hadn't filled out some paperwork with a lease proving we were renting. I thought it was weird, and it makes me wonder how you can get a copy of HOA rules on a place before you buy it when they won't even talk to you if you aren't an owner already.
On a sidenote, how are you supposed to get the HOA rules and regulations before you buy? We just began renting in an HOA area, and we called the HOA and asked for a copy of the rules, and they wouldn't give them to us because the landlord hadn't filled out some paperwork with a lease proving we were renting. I thought it was weird, and it makes me wonder how you can get a copy of HOA rules on a place before you buy it when they won't even talk to you if you aren't an owner already.
You are dealing with lazy people..!
When we have renters moving in, as soon as we are notified we hand delivery a copy of the rules and regs. We will not alow them to move in intil we have their signed forms returned, stating they have read and understand the rules.
To make excuses like you say is just plain lazy. It should be their top priority if they want to operate like a business..
If the landlord has forms to fill out, we would be sitting on the LL's desk until they were completed...
Demand they provide them for you. They are not fulfilling their part of the lease...
On a sidenote, how are you supposed to get the HOA rules and regulations before you buy? We just began renting in an HOA area, and we called the HOA and asked for a copy of the rules, and they wouldn't give them to us because the landlord hadn't filled out some paperwork with a lease proving we were renting. I thought it was weird, and it makes me wonder how you can get a copy of HOA rules on a place before you buy it when they won't even talk to you if you aren't an owner already.
Knock on the next door over and ask the homeowner there if you can see their copy.
On a sidenote, how are you supposed to get the HOA rules and regulations before you buy? We just began renting in an HOA area, and we called the HOA and asked for a copy of the rules, and they wouldn't give them to us because the landlord hadn't filled out some paperwork with a lease proving we were renting. I thought it was weird, and it makes me wonder how you can get a copy of HOA rules on a place before you buy it when they won't even talk to you if you aren't an owner already.
Title companies I've dealt with will not close escrow until the buyer has signed acknowledging receiving a copy of the Bylaws... Title Company orders them direct from the HOA and bills the seller for it...
Eliminates a lot of problems down the road... and HOA can be a headache
The previous owners are suppose to give them to you or give a copy of the parts that are most important to you...the HOA only has to provide them after you close.
If you buy from a builder than you can request them from the builder.
I would never buy without reading them and calling the HOA about the most important issues for me and if they are still the same or if the have changed. To me "renting not allowed" is a big no for me to buy in there, and some other things I rather know upfront and I don't trust the word of the seller or realtor, I want to hear it from the HOA or have it in writing.
The previous owners are suppose to give them to you or give a copy of the parts that are most important to you...the HOA only has to provide them after you close.
If you buy from a builder than you can request them from the builder.
I would never buy without reading them and calling the HOA about the most important issues for me and if they are still the same or if the have changed. To me "renting not allowed" is a big no for me to buy in there, and some other things I rather know upfront and I don't trust the word of the seller or realtor, I want to hear it from the HOA or have it in writing.
It might be different in CA because of mandatory full disclosure laws in effect covering just about all sales except probate and one or two others.
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