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CarlosC3 (Arizona)
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?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Carlos,

I am not an attorney but have been handling most of my own legal affairs for the last 35 years. You really need to consult with an attorney if you are considering a lawsuit. Given the nature of what you described you would most likely end up in Superior Court, where you will be overwhelmed with rules and a whole army of attorneys retained by your condo association's insurance company. If you were to sue and lose, you are done; you do not get a second chance.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Many HOA's do have rental restrictions in their CC&R's but not enforceable. Only California has passed any real legislation this past year that can allow a HOa to enforce rental restrictions in their docs. However, it can only be from this past year and beyond. No grandfathering.

My question is what punishment does an owner face if in violation? Is it a fine? Is their a fining schedule set up? Has to be a fining schedule in oplace and agreed to by the members before fines can be used. again though, fines can not be used for basis of liens or foreclosures in most states.

I am not against rental restrictions in a HOA. It is just the law does not allow this to happen unless the HOA actually owns the homes. A HOA can NOT interefere with an owner's contract. Rental is more of a mortgage restriction than HOA.

Although I say this a million times...Suing your HOA is suing yourself and your neighbors...The rules of the HOA are created by the memmbers for the members. Which means to enforce rules is in the hands of it's members and the rules allow internal changes instead of outside forces...

Former HOA President

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