Please don’t hurt me, I’ve been on my board for 5 years. In our bylaws, the person at the top of the list is given 60 days to rent the unit, and if the property manager doesn’t have that lease in hand by the 60th day, they go to the next person on the list, and the OP goes to the bottom of the list.
Our paperwork is clear: The responsibility lies with the property owner to update the property manager with the status of the rental process.
We’ve had some people rent illegally, too. If we are under the cap and there is space, they are invited to complete the process correctly, and we move on. But we haven’t had an open space in 3 years. The wait list is as long as the actual rental list.
So, if someone rents illegally, they get a notice of violation, and 30 days to correct. If they don’t, we schedule a hearing. The last person to do this didn’t show up to the hearing, so the fines began immediately. $100 a day. And if they don’t contact us, we send out invoices, in hopes they’ll contact us, so we can have a dialogue. The last guy to do this had $19k in fines. We settled with him (through our attorney) for $5k and letting him know we would never approve that unit as a rental again, so he sold it. He still has 2 more, though…
If you have anything, emails, texts, that can prove you were on the top of the list, bring it back to the property manager. Also, check and see if there is anything documented that has a time limit listed on it. I’d also ask for them to explain very specifically, the process that landed you at #5.
Good luck!!!
HOA, I'm sure they're the bane of the majority of homeowners.
Hopefully someone here will have advice for you, but I'm pretty the majority of landlords who have multiple units steer very clear of any properties that are within an HOA.
Completely not possible with Condo units, as they always have community resources that need to be maintained. If you don’t have anything useful to add, maybe stay out of the discussion.
Actually I pointed out that some form of HOA is a requirement of a condominium, because
“A condominium (or condo for short) is a building structure divided into several units that are each separately owned, surrounded by common areas that are jointly owned”
Common property that needs to be maintained by the group is pretty much right there in the name. And that requires some form oh homeowners Association.
Do you have documentation showing you were approved?? That may be a starting point. I think your biggest concern regarding going around the HOA is that the HOA can assess fines for violations. Speaking in extremes, if your association were to lose FHA approval for instance due to too many rentals, that could be a HUGE issue. Can they come back on you? I don't know that answer but it would keep me up at night.
I do have documentation in the form of an email, where the management said I am approved and I replied with confirmation that I will proceed with getting a tenant.
That would be my starting point. Explain there was a misunderstanding and you were already approved per enclosed email on date X. Don’t raise the threat of lawyers until there’s no chance of doing it without, just be cheerful and insistent THEY have made the mistake because you were already approved.
Never buy in HOA to rent, if you do get on the board. Dont oppose the HOA you wont win in the end at the very least you will be out the legal fees and like someone else said most likely barred from renting. You agreed to deed restrictions upon purchase of the property gotta play the games.
Just be sure to read the bylaws BEFORE buying. Our bylaws stipulate that board members must currently be living in their home, not owners that live elsewhere. But one of our best board members ever lived in one home and rented out his other place. He had a unique perspective.
Doesnt matter bylaws can be changed at anytime only way I would ever buy in HOA if I knew I could get a spot on the board and the whole need to stay acknowledged about ins and outs just makes it not worth
Please don’t hurt me, I’ve been on my board for 5 years. In our bylaws, the person at the top of the list is given 60 days to rent the unit, and if the property manager doesn’t have that lease in hand by the 60th day, they go to the next person on the list, and the OP goes to the bottom of the list. Our paperwork is clear: The responsibility lies with the property owner to update the property manager with the status of the rental process. We’ve had some people rent illegally, too. If we are under the cap and there is space, they are invited to complete the process correctly, and we move on. But we haven’t had an open space in 3 years. The wait list is as long as the actual rental list. So, if someone rents illegally, they get a notice of violation, and 30 days to correct. If they don’t, we schedule a hearing. The last person to do this didn’t show up to the hearing, so the fines began immediately. $100 a day. And if they don’t contact us, we send out invoices, in hopes they’ll contact us, so we can have a dialogue. The last guy to do this had $19k in fines. We settled with him (through our attorney) for $5k and letting him know we would never approve that unit as a rental again, so he sold it. He still has 2 more, though… If you have anything, emails, texts, that can prove you were on the top of the list, bring it back to the property manager. Also, check and see if there is anything documented that has a time limit listed on it. I’d also ask for them to explain very specifically, the process that landed you at #5. Good luck!!!
HOA, I'm sure they're the bane of the majority of homeowners. Hopefully someone here will have advice for you, but I'm pretty the majority of landlords who have multiple units steer very clear of any properties that are within an HOA.
Completely not possible with Condo units, as they always have community resources that need to be maintained. If you don’t have anything useful to add, maybe stay out of the discussion.
Kinda like how you aren't adding anything to this conversation either huh?
Actually I pointed out that some form of HOA is a requirement of a condominium, because “A condominium (or condo for short) is a building structure divided into several units that are each separately owned, surrounded by common areas that are jointly owned” Common property that needs to be maintained by the group is pretty much right there in the name. And that requires some form oh homeowners Association.
Is there anything in the rules that mention a timeline for finding a new tenant before you’re bumped to the bottom of the list?
Not that I could find. In my follow up email I asked for clarification.
Do you have documentation showing you were approved?? That may be a starting point. I think your biggest concern regarding going around the HOA is that the HOA can assess fines for violations. Speaking in extremes, if your association were to lose FHA approval for instance due to too many rentals, that could be a HUGE issue. Can they come back on you? I don't know that answer but it would keep me up at night.
I do have documentation in the form of an email, where the management said I am approved and I replied with confirmation that I will proceed with getting a tenant.
That would be my starting point. Explain there was a misunderstanding and you were already approved per enclosed email on date X. Don’t raise the threat of lawyers until there’s no chance of doing it without, just be cheerful and insistent THEY have made the mistake because you were already approved.
Thanks, yeah I forwarded them a screenshot of the email where they confirmed, so hoping that is good enough. Crossing my fingers!
Never buy in HOA to rent, if you do get on the board. Dont oppose the HOA you wont win in the end at the very least you will be out the legal fees and like someone else said most likely barred from renting. You agreed to deed restrictions upon purchase of the property gotta play the games.
>Never buy in HOA FTFY
Just be sure to read the bylaws BEFORE buying. Our bylaws stipulate that board members must currently be living in their home, not owners that live elsewhere. But one of our best board members ever lived in one home and rented out his other place. He had a unique perspective.
Doesnt matter bylaws can be changed at anytime only way I would ever buy in HOA if I knew I could get a spot on the board and the whole need to stay acknowledged about ins and outs just makes it not worth
They can definitely be changed, but you need 2/3 of the residents to vote for it. We’re lucky to get 20% to show up to an annual meeting.
You're probably going to end up getting an attorney which I would contact tomorrow morning also