Loss condo in fire, Now need to lease regardless of Owner %

I loss my condo in a fire caused by another unit. Since losing the condo I moved to another area of town that is very convenient to my job. Also in this area my children have started pre-k at a school that we would like to keep them in at least until they finish kindergarten.

I understand that my HOA has an ownership expectation that may or may not prevent me from renting my home now that the unit has been rebuilt. I also feel very uncomfortable when I smell smoke whenever I am in the vicinity of the condo. Currently selling the condo is not an option for me.

Can you guys recommend an approach I should take to obtaining a leasing permit from my HOA in my situation?

John,

Keep in mind that what is common knowledge to you is not common knowledge to those on this forum.

Not all Associations have rental restrictions.
Does your Association have documented written restrictions?

If they do, what is the language of the restriction (please do not post the name of the Association)?
If they do, where is that restriction (what document is it in)?
Is your complex FHA Certified?
If you have a rental restriction, does it have a hardship clause and is hardship defined?

All of these questions have an impact on what approach may be best when seeking to rent your unit.

My condo does have rental restrictions and there is a hardship clause in it.

If you do rent, you may need to make it a month to month or rent to buy situation. You don't want stuck with a 6 month or 1 year lease agreement. That way your more flexible in getting rid of the property. There are some companies that will purchase your home straight out.

This advice is from my own experience. When I bought my 2nd house, the bank made me show I had a 1 year lease on my HOA property. Otherwise, they would not allow me to purchase. I had a co-worker sign the lease and move in with her boyfriend. 3 months later they did not pay their rent and moved out. Her father moved in. Which he paid the rent for about the 1st year. However, he then stopped paying. It took me 5 months to evict him out of house. Mind you I was also unemployed at the time.

There is the issue of "Tenants rights". Which doesn't make it that easy to evict. Matter of fact, it can be legal for someone to keep living in your house up to a year without paying rent! They can always contest your eviction with the court. Which is like having a continuous counter-suit. My state requires 2 10 days notices. The first the intention to evict and the second the actual eviction notice. Which means 10 business days not to include weekends/holidays. They then have another 2 weeks before the police can come evict them.

The HOA can NOT evict your renter out. It does not absolve the tenant from obeying the HOA rules. It's just that you as the landlord need to put in your lease agreement to be able to evict for violating the HOA's rules. This condition will allow you to have more power to evict than if you did not do it. Remember the lease is a contract. If you don't put that condition into the contract then you can't use it as a way to evict. Again, how a tenant can extend their stay.

Good luck...

My advice is for the owner not for those around them.

JohnG39 GA : Comments above show you need to identify much more than restrictive "expectations".

As long as full unit occupancy is what you will be doing and doing so lawfully and as a diligent landlord - not covenant violating dorm style commercial lodging nor AirBnB nor Innkkeper type style quickies - other owners & Board members may someday have to lease their own unit. Who can predict illness or need to relocate ?

In my jurisdiction, lazy sociopathic condo landlords have done more to damage the entire residential landlord universe than any other single identifiable group. This group notoriously is driven by the Big Cheap and quick to ignore or slope-shoulder ownership obligations. It tries shenanigans that large scale landlords wouldn't even dare try.

Some restrictions discourage short term rentals. Whatever the "expectations" you refer to, behind them may be justifiable, enforceable lawful restrictions.