Amendments, guest, pets, rent, chilren?

Started by JimbB • 13 replies • 1448 views

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JimbB (Hawaii)
Posts: 42

Posted:

What makes no sense is that if we purchased certain way with certain rules? How can they go and change from no children to children, no pets to pets? from nothing regulating visitors to 59 days? How can that make sense? Rent to no rent? How can they impose something like this even if 99 owners want to change? how about the ONE that bought just because of those rules? Any one out there has any idea? Selling we tried but nobody is buying.

RichardP13 (California)
Posts: 1,767

Posted:

It is called democracy, or ruling by majority.

PitA1
Posts: 222

Posted:

since it 'generally' requires 67% affirmative votes (or more)to amend covenants it is actually government by plurality

how the covenants may be amended will be found within the covenants themselves

since you are asking, I conclude you have NOT read the covenants (to which you agreed when you signed for the deed at closing)

in your deed you will find something similar to:

subject to all easements of record and covenants and restrictions

BAD NEWS: you, did, in fact, sign

GOOD NEWS: you now own property in the Republic of the United States of America and are free to sell same at any time

now you understand: CAVEAT EMPTOR

RichardP13 (California)
Posts: 1,767

Posted:

Quote:

Posted By PitA1 on 05/28/2014 12:22 PM
since it 'generally' requires 67% affirmative votes (or more)to amend covenants it is actually government by plurality

how the covenants may be amended will be found within the covenants themselves

since you are asking, I conclude you have NOT read the covenants (to which you agreed when you signed for the deed at closing)

in your deed you will find something similar to:

subject to all easements of record and covenants and restrictions

BAD NEWS: you, did, in fact, sign

GOOD NEWS: you now own property in the Republic of the United States of America and are free to sell same at any time

now you understand: CAVEAT EMPTOR

But as Melissa so eloquently states, buyers are not entitled to anything until they become owners.

Forget Buyer Beware, more like run like hell in the opposite direction.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jim,

The actual reason as to why this can happen is because the contract allowed for amendments.

The philosophical reason as to why this happens is because time continually changes things. Sometimes slowly, sometimes abruptly, but things are always changing.

JimbB (Hawaii)
Posts: 42

Posted:

Not at all! I read very well! That's the issue? It's right now under investigation by the DBPR in Florida! While I find another fool to buy!

JimbB (Hawaii)
Posts: 42

Posted:

Don't know if your female or male but this one is no ignorant to purchase without reading first! that! might be what your used too, but not this one baby!

GlenL (Ohio)
Posts: 5,491

Posted:

JimbB since this is your third bite at the apple asking the same question - I've decided to simply repost old answers.

Quote:

Posted By GlenL on 05/25/2014 11:33 PM

Posted By JimbB on 05/24/2014 5:07 PM
Going back to the guest rule of 59 days. The owners were never notified by the Board of that amendment? Question and interpretation:
To make reasonable rules, and to amend the same from time to time and such rules & amendments shall be binding upon the owners when the Board has approved them in writing. A copy of such rules and all amendments shall be delivered to each owner.
An amendment of such importance is not "reasonable" something like that I thought need it to be voted by the membership?
Thanks again!

Without access to your CC&R's I don't know if the Board has the power to impose such a rule or not. As to 59 days being unreasonable, what in your mind is a reasonable time frame? We've had posters here in the past complaining that they were limited to 14 days per individual - per year. As to whether or not the HOA sent out the required notice, often homeowners will see something is from the HOA and round file it unopened. Have you attempted to find out (politely, because you catch more flies with honey than vinegar) from the Board when the rule was imposed, what gives the Board the power to impose such a rule and were homeowners properly notified. If the answer is yes they have the power and all of their i's were dotted and the t's crossed then you as a homeowner have the option of gathering support to amend the CC&R's to allow for unlimited guest stays.

While I'm sure that to you the Board's decision is arbitrary and capricious and made by busybodies who have nothing better to do with their time, (and you may be right) I'm betting there are some practical considerations behind it. Parking: often HOA's are limited in the amount of guest parking available, what do you do when all the homeowners have a guest and there is nowhere to park. And after 59 days is that person no longer considered a guest but an occupant and is no longer allowed to park in a guest space but must park in the homeowners assigned spots, which often are limited to two, which are difficult to fit three cars into. Water and amenity use, insurance...etc. And the most dreaded reason of all of all, could the HOA be attempting to comply with a city code?

Studies show that 5 out of 4 people have problems with fractions

JimbB (Hawaii)
Posts: 42

Posted:

GlenL

This neighbor is driving me crazy her daughter is arriving and she is all stressed. I will tell her again.
Thanks!

PitA1
Posts: 222

Posted:

this is your neighbor's issue

let her deal with it

only YOU can cause stress to YOURSELF

if any nuisance is created, then you may have an issue

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By PitA1 on 05/29/2014 8:09 AM

only YOU can cause stress to YOURSELF

And believe me, I wish I had learned that lesson earlier in life then I did.

GlenL (Ohio)
Posts: 5,491

Posted:

It's called the White Knight Syndrome.

Studies show that 5 out of 4 people have problems with fractions

JimbB (Hawaii)
Posts: 42

Posted:

JAJAJ.

PitA1
Posts: 222

Posted:

"Of all the things I've lost, I miss my mind the most." - Mark Twain

If it is lost, would one miss same?

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