HOA obligated to comply with Section 8 requirements?

Started by TS4 • 9 replies • 1919 views

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TS4 (Massachusetts)
Posts: 3

Posted:

An owner in our HOA is renting to a Section 8 tenant. The Section 8 folks did their annual inspection and are requiring some repairs to common areas in order to renew the owner/landlord's participation in the Section 8 program. The things they cite are expensive repairs/renovations we are not looking to do at the moment (painting, paving, flooring, etc.) that are not related to immediate safety or the tenant's living space (including replacing a cosmetically dented door in a rear alley where no one should be unless using emergency exit). The owner states that we are required to spend this money to do these things because a housing inspector said so; he seems to view the Section 8 inspection as the same as city codes and so forth, when the inspections are actually quite a bit stricter (and often seem arbitrary based on the individual inspector's opinions as to proper building maintenance).

Are we obligated to do these repairs so that he can continue participating in the Section 8 program? Would not doing them constitute discrimination based on source of rental funds?

MarkM31 (Washington)
Posts: 556

Posted:

You are required to maintain the common areas as per you CC&R's, and as per law. The Section 8 requirements are between the HO and the Gov, and do not include the HOA.

Been there done that

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By MarkM31 on 02/05/2015 8:57 AM
You are required to maintain the common areas as per you CC&R's, and as per law. The Section 8 requirements are between the HO and the Gov, and do not include the HOA.

Been there done that

Yup.

Sikubali jukumu. Read all posts at your own risk.

TS4 (Massachusetts)
Posts: 3

Posted:

Yep, the condo docs only say we have to keep things in compliance with city codes.

So, if we outvote him and tell him we refuse to make the unreasonable repairs, he doesn't likely have any recourse, right?

MarkM31 (Washington)
Posts: 556

Posted:

No, it would be like a renter tell the HO that he wants the HOA to change the color of the building.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Ironically, this is not far off from being FHA approved... FHA requires a certain rent limitations, financial stability, and ability to collect debts... Does NOT being FHA qualified mean your homes lose value or force one to be in compliance? No. It just means that one can not offer FHA FINANCING to interested buyers. It basically limits the buyer field and forces them to use other mortgage packages.

Section 8 falls along those same lines. If the homes do not fit the Section 8 guidelines, the person renting the home can't do it. They lose a renter potential. However, if you ask me, most don't want Section 8 renters in their HOA in the first place.

Failing the Section 8 inspection just effects that homeowner and not the entire of HOA. The decision really at this point is does the HOA want to qualify to offer Section 8 rentals ability to their members? Otherwise, I would tell the owner: 1. We give permission to do the work but the HOA is NOT paying for it. 2. You will not be able to include Section 8 candidates to rent to.

I am sure he/she will be upset. However, don't swallow "I will sue" pill... The HOA does NOT own the home and does not have a rental agreement with the tenant.

Former HOA President

TS4 (Massachusetts)
Posts: 3

Posted:

Thanks all; I appreciate the clarification and insight!

Thanks for the idea of suggesting he pay for the work. I can't believe I didn't think of that. I think that is what we will go with, because it's in everyone's best interest to keep the (nice, responsible) tenant here, but we just don't want to nearly exhaust our funds paying for things that don't seem necessary.

FredS7 (Arizona)
Posts: 927

Posted:

What everybody else said.

And send a short note saying "nice try" to the owner.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By TS4 on 02/05/2015 10:04 AM
Thanks for the idea of suggesting he pay for the work.

Our policy is that if a HO brings an improvement idea to the HOA and is willing to foot a significant portion of the cost, we will try to find the extra money needed in our budget. We have done 50-50, 67-33, and 75-25 depending on the particular circumstances.

Sikubali jukumu. Read all posts at your own risk.

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