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Wording about frequency and number of guests

Started by PeggyH4 • 13 replies • 1588 views

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PeggyH4 (South Carolina)
Posts: 5
Posted:
We are a very small association, we have only 6 homes in our group. Our homes are for the owners primary or second home. They are not to be used as rentals. Most of the homes are the owners second home. We have had some issues with people wanting to let all their extended family and friends use their home when they are not using it. We also only have 2 parking spaces per home to park, there is no place for visiting guests or overflow parking. We want to put something in the rules and regulations that prohibit this. Does anyone have any ideas on how to word this. Thanks in advance, Peggy
GlenL (Ohio)
Posts: 5,491
Posted:
I seriously doubt you can or that you can pass it but I would start by having an attorney draft the proposed amendment to make sure it complies with all applicable laws.
Studies show that 5 out of 4 people have problems with fractions
PeggyH4 (South Carolina)
Posts: 5
Posted:
Glen, thanks for your response, bit this is a very unusual situation. The people I work for own the property and all the homes in it, so I think we should be able to draft something that would convey what we are thinking. We are just looking for help with working and any ideas on frequency of guests etc.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
The people I work for own the property and all the homes in it


So your the landlord renting it to them?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is a novel idea...Why not write it the way that would make YOU obey it...Don't write it for "They or Them". They don't exist..It is you and your neighbors in your HOA. You make your own rules you want to live by so make sure the rules you write or modify is what you ALL want.
Former HOA President
PeggyH4 (South Carolina)
Posts: 5
Posted:
To Steve M,

Yes, in essence we are the landlord, we rent or rent to own the homes, the property is leased to our tennants.
CarolH2 (Georgia)
Posts: 33
Posted:
Peggy,

Good Luck,

We are currently having a similar problem in my neighborhood of 177 homes with 13 guest parking spaces. The roads are private and to narrow for street parking. Yet still residents do it night after night. We have fined we have towed and still they do it.

A lawyer drafted legal parking resolutions that were passed by the board and we still can not enforce it.

PeggyH4 (South Carolina)
Posts: 5
Posted:
CarolH

Sorry to hear of the problems with parking, but I would think if you keep fining and towing it will hurt the wallet and people will get the hint.

Good luck
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By PeggyH4 on 06/12/2012 10:56 AM
CarolH

Sorry to hear of the problems with parking, but I would think if you keep fining and towing it will hurt the wallet and people will get the hint.

Good luck

Yes, they will get the hint. They will kick themselves in their own butts for ever been foolish enough to buy into a community with inadequate parking and dump their homes onto the market at fire-sale prices, thus lowering the resale value of all their neighbors' homes. Or more maybe they will just walk away and let the bank foreclose and let it fall into ruin. Yeah, that will teach them a lesson, won't it?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Yes, in essence we are the landlord, we rent or rent to own the homes, the property is leased to our tennants.


Your really no different than a bank. And the bank doesnt have rights to dictate who can visit. Even if your the landlord, you cant dictate who can visit. But you can limit the number of cars. Mark all the spaces with numbers, tow everyone else.

If you try to dictate who can visit, especially on property you sold, your going to get sooooo sued. If word gets around that your pulling this stuff, your property value will plummet as all the realtors will tell everyone to avoid you.
PeggyH4 (South Carolina)
Posts: 5
Posted:
Thanks, Our intent is not to dictate who can visit. But because we are such a small area, and we live so close to the beach, we don't want the houses to be used as vacation rentals even if money is not collected from the visitors. They are intended to be single family homes and for the owners personal enjoyment.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By PeggyH4 on 06/12/2012 7:33 AM
To Steve M,

Yes, in essence we are the landlord, we rent or rent to own the homes, the property is leased to our tennants.

So in essence you want to modify the lease, maybe possible at renewal. On the rent to own you want to modify a legal contract without voiding it or getting sued - good luck with that. This is not time for self-help - seek a legal professional.
Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GlenL on 06/13/2012 2:04 PM
Posted By PeggyH4 on 06/12/2012 7:33 AM
To Steve M,

Yes, in essence we are the landlord, we rent or rent to own the homes, the property is leased to our tennants.


So in essence you want to modify the lease, maybe possible at renewal. On the rent to own you want to modify a legal contract without voiding it or getting sued - good luck with that. This is not time for self-help - seek a legal professional.

Well said.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Sounds to me it "is" your intent to dictate who can visit.

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