DonellJ
Posts: 15
Posts: 15
Posted:
What is to keep this board or boards in the future from changing or completely doing away with this amendment.
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We have decided to grandfather owners of rented homes. from a new amendment.
Started by DonellJ • 8 replies • 1537 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The members. Decisions like this typically are not board decisions but majority owner ones. It takes a majority of the membership to change the rules. The board just verifies that vote and files them. Read your documents on what it takes as a majority or if a special meeting needs to be called to make such changes.
May I also mention that limiting rentals is not necessarily "legal". You can write it all you want in your documents but if it's against state/federal laws, it's not happening.
May I also mention that limiting rentals is not necessarily "legal". You can write it all you want in your documents but if it's against state/federal laws, it's not happening.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I think we need the exact language of this amendment. We also need to know what document the amendment is in.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Keep in mind that to be defendable, rental restrictions need to be within your CC&Rs (not another document).
Expecting that the amendment is to the CC&Rs, and as others have pointed out, it takes a membership vote by a large percentage to adopt changes to that document.
Expecting that the amendment is to the CC&Rs, and as others have pointed out, it takes a membership vote by a large percentage to adopt changes to that document.
DonellJ
Posts: 15
Posts: 15
Posted:
There is nothing in our Covenants that even mentions rentals. We are now at 25% rentals, we have only been to 30% for a short period of time in the last 30 years. When you have new owners things can start to change. Our new president wants an amendment that would have a two year maximum, and after that you would have to move back in or sell you home. At the present time there would be not nearly enough votes to pass. Some thought if we grandfather in the present renters there might be some sort of compromise. We are in Florida. One respondent mentioned limiting rentals(time) might be or is against the law. Is there any truth to that.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I take it that this thread is a continuation of your earlier thread on the issue:
http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/212796/Default.aspx
http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/212796/Default.aspx
DonellJ
Posts: 15
Posts: 15
Posted:
Takes time and knowledge, doing the best I can!
PitA
Posts: 1,416
Posts: 1,416
Posted:
There is nothing in our Covenants that even mentions rentals.
Then the Association has NO, repeat NO, authority to restrict or 'govern' them.
except
Depending on exact wording the Association MAY, or MAY NOT, have authority to restrict or 'govern' the use of amenities (pool, clubhouse, private roads, etc) by the rent paying tenant.
This 'power', if present, may NOT inhibit the travel of said tenant in and out of the developement in order to access their home.
however
Attempting to use such a loophole would be akin to grasping at straws with oiled hands.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
Quote:
Posted By DonellJ on 06/09/2016 4:03 PM
There is nothing in our Covenants that even mentions rentals. We are now at 25% rentals, we have only been to 30% for a short period of time in the last 30 years. When you have new owners things can start to change. Our new president wants an amendment that would have a two year maximum, and after that you would have to move back in or sell you home. At the present time there would be not nearly enough votes to pass. Some thought if we grandfather in the present renters there might be some sort of compromise. We are in Florida. One respondent mentioned limiting rentals(time) might be or is against the law. Is there any truth to that.
There is nothing in our Covenants that even mentions rentals. We are now at 25% rentals, we have only been to 30% for a short period of time in the last 30 years. When you have new owners things can start to change. Our new president wants an amendment that would have a two year maximum, and after that you would have to move back in or sell you home. At the present time there would be not nearly enough votes to pass. Some thought if we grandfather in the present renters there might be some sort of compromise. We are in Florida. One respondent mentioned limiting rentals(time) might be or is against the law. Is there any truth to that.
Last 30 years? How old is your declaration? Are the restrictions expired due to MRTA? You may have bigger issues if they are...
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