CarlosC3 (Arizona)
Posts: 6
Posts: 6
Posted:
I'm a member of a condo association in Arizona. I need advice on how to get my HOA board to follow the CC&R rules and regulation. Can I file a lawsuit for breach of contract, and how or where can I go to do this?
This is my situation.
We have a Renting restriction in our cc&r that allows a maximum of 4 units to be rented. An exception was made to allow owners who have purchased their unit prior to an amendment done in 2003 to be able to rent at any time while they own the property, once sold the new owner would have to be put on a waiting list if they want to rent their unit. I purchased my unit after the amendment was done, so I go on a waiting list. The problem with this waiting list is that it never existed and owners were just renting their units on their own. The CC&R states: ( A waiting list for rental of apartment will be established with the association. The order of priority on the initial waiting list formed after this amendment is passed will be established pursuant to rules and regulations adopted by the board of directors. Thereafter, the order on the waiting list will be based on a first come, first serve basis based on the date that the association receives written notification of an owner's desire to be placed on the waiting list.) I want to be abe to rent my unit, but the HOA won't let me until the number of unit come down to less than 4. I believe that the owners renting their units without the proper written notification should not be allow to rent and that I shoud be allow due to the fact that I submitted my notification the right way. One of the owner who's renting his unit illegally is also behind HOA dues for over 4 years. I don't think that this is right and I want the HOA to comply with the CC&R rules. Any advice?
This is my situation.
We have a Renting restriction in our cc&r that allows a maximum of 4 units to be rented. An exception was made to allow owners who have purchased their unit prior to an amendment done in 2003 to be able to rent at any time while they own the property, once sold the new owner would have to be put on a waiting list if they want to rent their unit. I purchased my unit after the amendment was done, so I go on a waiting list. The problem with this waiting list is that it never existed and owners were just renting their units on their own. The CC&R states: ( A waiting list for rental of apartment will be established with the association. The order of priority on the initial waiting list formed after this amendment is passed will be established pursuant to rules and regulations adopted by the board of directors. Thereafter, the order on the waiting list will be based on a first come, first serve basis based on the date that the association receives written notification of an owner's desire to be placed on the waiting list.) I want to be abe to rent my unit, but the HOA won't let me until the number of unit come down to less than 4. I believe that the owners renting their units without the proper written notification should not be allow to rent and that I shoud be allow due to the fact that I submitted my notification the right way. One of the owner who's renting his unit illegally is also behind HOA dues for over 4 years. I don't think that this is right and I want the HOA to comply with the CC&R rules. Any advice?