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JimD15 (Florida)
Posts: 21
Posted:
I live in a neighborhood that our CC&R's describe as single family homes which is zoned by the county as RSF1. Last year a nationwide LLC investor purchased a foreclosed home in our community which has been rented for most of the year. The present tenants are an older couple and their daughter and grandson (until recently) live in the home with them. The grandson has accepted a plea deal and is serving time for B&E of several homes in the community next to ours. The tenant's neighbor has been in verbal contact with the their property manager complaining about the grandson and the fact of multiple tenants living in the home. She has also complained about living conditions for 3 dogs on the property. The board has not been made aware of the verbal conversation with the property manager, however we have received a copy of a follow up email sent. Neither the property manager nor an officer of the LLC has responded to her email. Her complaint has now been directed to the board as she would like to list her home but feels the tenants would be a hindrance to any potential buyer.

As president I feel the board has little recourse against the tenants or the LLC. With the exception of a fencing violation (existed when the home was purchased by the LLC) and a parking violation(remedied) it seems that the tenants are a county zoning violation, left up the county to address and the animal situation should be turned over to the county animal services. The former board president feels because the definition of our neighborhood is "single family" in our CC&Rs, that we can push the LLC to require that all persons residing in the home must be included on the lease or evicted. We have another homeowner who is a licensed carpenter and rents to a few of his subcontractors. None of these renters have been a problem, however in the past the board has sent a violation letter to the owner and he at that time reduced the number of tenants. Also prior to his latest tenants,(single men) the previous renters consisted of 3 different families. (wives and children as it is a large home).

If anyone has had experience with this situation and would offer some advice, it would be appreciated. At our annual meeting this month, the majority of homeowners voted to draw up a proposed amendment limiting the number of homes that can rented at any one time. Our neighborhood is older, however ours and one surrounding us are within a mile of the Gulf of Mexico. Homes especially foreclosures are being bought up and used as annual and seasonal rentals. While any HOA benefits from purchased foreclosures, there are problems with hoas consisting of over a certain percentage of rental units. Thanks again for any advice.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jim,

Some Counties have zoning laws that only allow x number of unrelated individuals to live in a home. You may want to check there.

Personally, I believe that you are interpreting your documents properly in that the issue is not an Associations problem. At best, it's a landlord - tenant problem. If you respond, I would respond by asking what covenant the individual believes has been violated.
RobertM25 (Florida)
Posts: 12
Posted:
At present time our Association is looking into this same conditions and are working some covenant changes if they pass voting.
GlenL (Ohio)
Posts: 5,491
Posted:
Jim did you see this from the newsfeed?

http://www.wftv.com/news/news/local/oviedo-homeowner-fights-hoa-over-rental-home-next-/njnFh/


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