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JerryD2 (Texas)
Posts: 3
Posted:
Hi,I just found this site and hope to learn and help. I am a Board President of a Condo association in Texas. The problem we are having is sometimes renters move in to units and are approved through the association and then a boyfriend or some person moves in, but claims they are only visiting to avoid filling out an application and being approved. Obviliously, we think these people have a criminal record or something else that would exclude them from living here. So, how can you prove someone lives on site if they will not admit to it? I have heard if someone gets mail at an address that proves it but, what if they don not get mail? Thanks, looking forward to your responses.
GlenL (Ohio)
Posts: 5,491
Posted:
Jerry, I suppose if you have some type of documentation that the person's car is in the lot over say 21 straight nights that they are living there rather than visiting.

HOWEVER you need to be very careful with this. Typically the rental contract is between the renter and the owner, the first time the COA steps in to have the undesirable person removed and that person is a minority of some kind, expect a discrimination lawsuit. Before the Board does anything, consult with the COA attorney and make sure you are allowed to act by your CC&R's AND Texas's Landlord - Tenant Law. Remember law trumps CC&R's.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Death and Taxes are the only way to track ownership. Find out through the Tax assessor's office by the Lot# who owns the property. There may be about a 6 month gap or so for ownership to catch up with tax filings. Mind you this won't be the renter but the actual owner. It's the owner the HOA can legally hold accountable.

I also suggest reading the legals section of your newspaper. It isn't published daily but is in the classified section. In it you may see who has a lien or being foreclosed upon by the bank. That will also contain the information needed to contact the Tax Assessor's office with the Block # on the tax records.

Former HOA President
CarolF (Florida)
Posts: 435
Posted:
I would suggest that you find out what information is available online. In our county in FL there are several sources on the Courts or Taxes website that would give that information. You might want to ask a realtor friend to tell you where to go on your county's website or court's website. For example, in my county the property assessor's website, the real estate tax website and also the official documents (deeds, mortgages,etc.) would give you the information. We have a daily listing of all suits filed, and a case inquiry section that gives up to date information about any legal case. I don't know if Texas has information as readily available as Florida.

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