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CeceliaV (North Carolina)
Posts: 30
Posted:
I resigned after 5 years as treasurer and now I am back on the board as the woman who took my place had serious medical issues with her husband.

Our neighborhood has 871 patio homes ---most one level and lawn maintenance is provided by HOA as well as termite inspections and power washing of homes and painting of front columns. Dues are $89 and have not been raised in 6 years. We have no delinquencies and have a healthy reserve.

Presently there are 5 rentals(owners rented during the period when nothing was selling). We have nothing about rentals in our documents.

Presently homes are selling quickly --one got 3 offers the first day, longest time on market about 6 weeks.

Recently an owner sold to a large investment company that is world wide-foreign registry and has reviews on internet that say they are "slum lords". Not yet a problem as they rented to a lovely couple.

Now, this is unbelievable -- an owner here is talking to others owners and to the family of owners who he knows have plans to sell and is facilitating a sale to an investor. One sale has already gone through and now a second house is being considered by this investor.

This is a small neighborhood and there are no secrets and the owners do socialize a lot.

I don't believe this individual is receiving any compensation for this, but I firmly believe he is hurting the neighborhood and the other owners. These investor sales are lowball offers. When another owner tries to sell these sales will determine the comps. Also, this is adding to the number of rentals.

I don't believe the rentals are hurting the neighborhood yet as far a people getting mortgages or keeping people from buying but the number of rentals and investors is rising.

What to do? I am considering contacting him as another owner- not a board member - to talk to him about his actions being detrimental to the neighborhood??? So far only 3 board members know about this and we will bring it up at our Sept meeting

Or, am I just over reacting??? Sorry for being so long winded.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Cecelia,

You may or may not be overreacting.

What you need to keep in mind is that what is being done is legal to do. Therefore, talking to the individual will do little except possibly place you in a bad light. Additionally, since you are a member of the Board, regardless of saying you are talking to them as another owner, it could be perceived that you speak for the board. Therefore, I don't think you should speak to the owner.

If you are concerned about investors, gather support and amend the CC&Rs. The best wording I've seen to minimize investors was that "no lot may be rented within the first two years of ownership." Of course it would only apply to new purchases.
RichardP13 (California)
Posts: 3,868
Posted:
Cecelia,

I don't see an issue. One thing though to keep in mind is that lenders have HOA Certs that are filled out when the house is in escrow and in the financing stage. One of the question asked is " Does any one individual or entity own 10% or more of the units". As you are only speaking of a handful versus 87, I believe you don't you have an issue, at this time.
CeceliaV (North Carolina)
Posts: 30
Posted:
Thank you Tim and Richard for the good advice.

I think I was losing my objectivity about this issue.

We are going to send a questionnaire to see if people want to change the covenants, as Tim suggested. No sense going to a lawyer if 67% will not vote for it.

Cecelia
JohnC46 (South Carolina)
Posts: 14,265
Posted:
One rental restriction many seem to like is that one cannot rent their unit during the 1st or 2nd year of ownership. This seems to stop investors but owners do not see it as a severe limit if they desire to rent out their unit at a later time.

Also add a minimum rental of one year to make a place less transient.

CeceliaV (North Carolina)
Posts: 30
Posted:
Thanks John,
We currently require a lease of 60 days --your suggestion of a year lease is something we should have in our covenants.

Realize I said we have hundreds of homes. Actually we only have 81 homes which is why rentals approaching 10% is concerning me.

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