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SusanP14 (Tennessee)
Posts: 13
Posted:
I live in a condo in florence, sc. The first hoa mgmt company had a meeting to vote on restricted rentals. Unfortunately, not enough homeowners came out to vote. Not long after that, the board fired the mgmt company. The new company didn't give us a chance to vote. About 20 units were under foreclosure and an outsider bought these units and are renting to section 8 tenants. Now we have 70% renters and my property value has decreased. I asked our hoa management could we change our bylaws to say no section 8. He says it is discrimination but I don't think it is. Does anyone know of an association that has this in their bylaws in south carolina?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your home value hasn't decreased because of the Section 8 housing. It is being effected by the number of foreclosures your HOA has. Plus the high rate of rental property which limits loan offerings/increased refinance rates. The HOA has nothing to do with who an owner decides to rent to. They are a 3rd party to rental agreements. Some states may allow the limitation of rental property but not to whom one rents.

The rental situation in some ways may be helping as it reduces your foreclosure rate. Which is really a major factor in assessing Home value. Home value is based on the prices houses sell for of similar size/bedroom/bath in a few mile radius. It also includes houses in foreclosure/short sales in 6 month period. So having those homes now as rental means the foreclosure effect may be reduced as a factor.

So I don't think you can stop someone from renting to section 8. I also don't believe section 8 recipients are all bad people who lower home values. It's a bad perception. Bad people live in the richest of houses just like good people can live in the poorest of circumstance. Maybe lay off the judgement because someone needs the assistance.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SusanP14 on 02/28/2018 6:25 PM
I asked our hoa management could we change our bylaws to say no section 8. He says it is discrimination but I don't think it is.

Susan,

Welcome to the forum.

Condominiums, HOAs, mobile home parks, etc. must comply with the Federal Fair Housing Act.

Additionally, many States have "source of income" discrimination laws on the books. Although not on the books yet, SC does have a bill in the works. See: H 5276 : A BILL TO AMEND SECTIONS 31-21-40, 31-21-50, AND 31-21-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HOUSING DISCRIMINATION, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY NOT BE DISCRIMINATED AGAINST DUE TO SOURCE OF INCOME.

Granted, having a ban on section 8 housing could be argued as a ban based on income level. However, a good attorney could argue that it's actually discrimination based on age, race, familial status, etc. and not about income level.

At the very least, such a restriction would be challenged at some point in time requiring the Association to defend itself. Even if you won in lower courts, the issue would likely be appealed - possibly to the Supreme Court. It would be an interesting case that would cost a bunch of money (requiring you and your neighbors to pay the legal bills to defend the position) with zero guarantee that the Association would win. Personally, my gut tells me the Association would lose.

Even if you did win, I think the media attention would have Congress amend the Fair Housing Act to include income level as discriminatory.

Additionally, any such rental restrictions would have to be within the covenants and not the Bylaws.

Quote:
Posted By SusanP14 on 02/28/2018 6:25 PM

Does anyone know of an association that has this in their bylaws in south carolina?

Due to potential legal actions based on discrimination, I know of no Association that has such language within their Bylaws.

Here are some additional resources for you to consider:

Think Twice Before Turning Away Tenants With Section 8 Vouchers

Source of Income Discrimination in Housing

SusanP14 (Tennessee)
Posts: 13
Posted:
I'm sorry I meant to mention in my first message that my condo value didn't just go up because of section 8 living here, a real estate agent said it's because of too many renters. Also the reason behind all the foreclosures is the fact that the contractor who built the units, filed for bankruptcy right after the 72 units were built. As for section 8 renters, I'm not saying they are all bad but the majority of the ones I live with are. I'm living in a nightmare. I don't even want to have company. When my sister comes over, she says some buildings look like the hood with people hanging outside. We've had to hire a pool monitor in the summer. We've had one guy expose himself to women leaving the pool and all kinds of people try to get into the pool. The police have had to be called because of drug activity and section 8 fighting. They threw fireworks in the trash can on new yrs eve and caught it on fire. They throw trash out where they park everyday. I've picked up bags of trash behind my condo. Who wants to live like this? My husband wont let me walk to the mailbox by myself anymore. We are also stuck here now because no condos are selling because banks won't give loans due to ratio of renters and we don't want the hassle of renting to anyone we don't know. This should explain why every condo community needs rules about 20 % or less renters. I wouldn't be in this mess. Also, their are no background checks done on the section 8 renters. Also two different homeowners have section 8 living upstairs over them and in the past two months they have let their bath tub water run over and messed up the homeowners units down stairs. They act like they are trying to run us homeowners out of this hoa, what a nightmare.
SusanP14 (Tennessee)
Posts: 13
Posted:

I meant my condo value went down and not up due to too many rentals.
SusanP14 (Tennessee)
Posts: 13
Posted:
Virginia,
Thank you for the information. Our hoa management has houses and apartments all over town that he rents out in his office he has a sign that says We do not take Section 8 vouchers. I think he will soon have to take that sign down. He said his lawyer said it's not discrimination unless it's in a condo community where somebody may challenge it and it would cost the hoa legal fees. I read where when Obama was in office, he wanted low income with children to be able to live in nice houses and go to better schools. All this did was cause homeowners property value to go down and rentals to go up. He made sure section 8 tenants were given more money in their vouchers. Most of these renters drive expensive cars. The single women with 3 to 4 children to not tell anyone that their boyfriends live with them and they have extra income. It's just ashame that the system is being abused.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Susan

I for one do not care for nor like your discriminatory comments. I feel they have no place on this chat.

You have asked advice on banning Section 8 and subsidized housing in your condo building

Please limit your questions to such or I will report you to the moderators.
TimM11
Posts: 354
Posted:
It sounds like the main issue in your community is a lack of rule enforcement rather than who lives there and how they're paying for it.
JeffT2 (Iowa)
Posts: 880
Posted:
Section 8 people do have background and criminal checks (although they allow exceptions in some cases).

There are ways to report section 8 rule violations and fraud to HUD anonymously. This would include additional residents (boyfriends) living in a section 8 unit. I suggest you become familiar with those and any other remedies available to you.

Your association and board (and the renters also) need to meet and/or discuss how to deal with rule violations and ways to have a better living environment.
SusanP14 (Tennessee)
Posts: 13
Posted:
John c,

Why are you offended? The reason I put more comments about section 8 was because someone thought they were basically good tenants. I just wanted to share what I'm dealing with. You don't have to worry about me on here ever again.
SusanP14 (Tennessee)
Posts: 13
Posted:
Don't take it personally. I was just stating the facts. I won't be on this forum again. Too many people criticizing when they haven't experienced what I have.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Susan

Your choice to leave. Enjoy.
SusanP14 (Tennessee)
Posts: 13
Posted:
John,

you are right. I'm certainly going to enjoy not talking to someone rude as you are.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By SusanP14 on 02/28/2018 6:25 PM
Now we have 70% renters and my property value has decreased.

If you've already got 70% renters I think there's a good chance it's already a lost cause. Outsiders rent to earn income, whether it's Section 8 people or not, and convincing them to give up their income from those rentals is going to be a hill that's too steep to climb. Good luck.
DouglasM6 (Arizona)
Posts: 724
Posted:
Susan, please disregard the personal attacks from those who are easily offended. You have the right to be concerned and political correctness is just a way to prevent an open and honest discussion.

You don't have a renter problem and you don't have a section 8 problem, you have an enforcement problem. There is nothing in the section 8 housing rules that say the CC&R's can be ignored. There is nothing in the local laws that say the renters and section 8 folks can violate the laws and ordinances. if you are looking for a neighborhood that simply has none of that to deal with, you will need to move.

The owners of the rentals are the ones you hold accountable, not the renters.
SusanP14 (Tennessee)
Posts: 13
Posted:
Douglas,
You are right. Thank you for your comments and concern.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I agree with Doug.

Had there been zero comments of section 8 or low income, I think a claim of discrimination would have been far less likely. There have been many discussions of rentals and renter issues (all going to enforcement as Douglas points out). I don't recall discrimination being mentioned on those threads.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By SusanP14 on 03/01/2018 7:44 AM
Most of these renters drive expensive cars. The single women with 3 to 4 children to not tell anyone that their boyfriends live with them and they have extra income. It's just ashame that the system is being abused.

I believe these were the comments that JohnC46 saw as discriminatory and these type statements would be strong evidence of discrimination in a lawsuit.

While stereotypes may hold some truth, making assumptions about all recipients of Section 8 based on perceptions is discriminatory and more than not being politically correct. Not everyone on public assistance abuses the system.
TimB4 (Tennessee)
Posts: 21,059
Posted:
But abuse of the (well any) system does occur. I personally didn't find those statements offensive. I did find other comments by the OP questionable.

The OP was simply stating her observations and perceptions based on those observations (and likely personal prejudices - which everyone has).

Keep in mind that personal prejudices are created by several factors including media, film, internet, talking with friends, etc.
The definition of prejudice (in this context) is "an adverse opinion or leaning formed without just grounds or before sufficient knowledge"

I'm sure that had the OP gotten to know their neighbors that some of those perceptions would be changed.
SusanP14 (Tennessee)
Posts: 13
Posted:
I certainly didn't mean to sound discriminatory against any of the renters at the condo community I live in. I know that everyone doesn't abuse the system. I treat everyone here with respect. One renter asked to borrow $10.00 until they got paid, so they could buy a meal. I told her I'd give her the money so she wouldn't have to pay me back. I'm a nice person. I didn't mean to offend anyone. I live in a nice neighborhood and just wish everyone would respect their neighbors like I do, that's all.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Susan,

I'm glad you didn't leave the forum.
As you read the postings, the issue would be enforcement.

If the Association holds the landlord/owner responsible for the actions of their guests (which is permissible) and assess monetary damages for covenants violations, it's a good chance that the landlords will vet the renter better.

SusanP14 (Tennessee)
Posts: 13
Posted:
Tim,

Thank you very much for your comments. That makes alot of sense to me.
KerryL1 (California)
Posts: 14,550
Posted:
Tim is right, Susan. You & others must put pressure on your Board to enforce your governing documents. In fact the other Tim is right, too. The emphasis in this thread should be on rules enforcement. Jeff, too, when he wrote: "Your association and board (and the renters also) need to meet and/or discuss how to deal with rule violations and ways to have a better living environment."

Meantime, a few others here need to learn the difference between "prejudiced against" and "discrimination."
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By KerryL1 on 03/05/2018 1:00 PM

Meantime, a few others here need to learn the difference between "prejudiced against" and "discrimination."

Yes, they mean two different things but they are closely related and prejudice is often used as evidence of discrimination in court.

SusanP14 (Tennessee)
Posts: 13
Posted:
Ben,
I am not prejudiced and not discrimmatory, as some people on this forum try to make me feel. I have asked the administrator of this forum to please delete all the comments. I would have never gotten on this forum if I thought I'd get attacked for telling the truth about the problems I've encountered
KerryL1 (California)
Posts: 14,550
Posted:
Susan, I hope you can put aside your anger at one or two here and focus on the good advice from the others. ENFORCEMENT.

Ben, while it's true that prejudice can lead to the actual behavior of discrimination, most people do not have the power to practice discrimination. Prejudice is an attitude, opinion, etc. Discrimination is active behavior.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By SusanP14 on 03/05/2018 2:52 PM
Ben,
I am not prejudiced and not discrimmatory, as some people on this forum try to make me feel. I have asked the administrator of this forum to please delete all the comments. I would have never gotten on this forum if I thought I'd get attacked for telling the truth about the problems I've encountered

Susan, I'm not going to judge you based on a comment made here and I apologize if it seemed like I was attacking you. None of my comments were directed at you.

I was responding to the post stating they did not see anything discriminatory or offensive. I was just stating that I can see why people might take it that way in the context of being on an HOA board. While there are many people that are too sensitive these days, there are also some who think that anything they say cannot be used against them as long as its true (not referring to you).
SusanP14 (Tennessee)
Posts: 13
Posted:
Ben,
Thank you for your response. I understand now. Have a good day.
SusanP14 (Tennessee)
Posts: 13
Posted:
Kerry,
I'm frustrated but not angry at anyone. I understand what you mean by enforcement. I got on the board a little over a year ago when we had a member to resign. Not long after I got on the board, we had a meeting and the hoa property manager told us that he is not over the renters anymore. The man that owns the rental units has a secretary and she shows up at our annual meetings now. At our last meeting, the homeowners addressed alot of complaints to her. It's basically up to her to address the issues with her boss and their tenants.
KerryL1 (California)
Posts: 14,550
Posted:
So...you're on the Board now, Susan?

Can't your board fine the owners of condos where the tenants are breaking your HOA's rules?
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By SusanP14 on 03/06/2018 7:38 AM
Kerry,
I'm frustrated but not angry at anyone. I understand what you mean by enforcement. I got on the board a little over a year ago when we had a member to resign. Not long after I got on the board, we had a meeting and the hoa property manager told us that he is not over the renters anymore. The man that owns the rental units has a secretary and she shows up at our annual meetings now. At our last meeting, the homeowners addressed alot of complaints to her. It's basically up to her to address the issues with her boss and their tenants.

This sounds like a fantastic first step! Now, in 30 days if the issues have not been mitigated, issue a written warning, of some type, to the homeowners, not the renters. In the warning mention fines. 30 days after that, if the issues still have not been mitigated, issue the fines.
BillH10 (Texas)
Posts: 1,217
Posted:
Susan, your PM should never have been "over" the renters in the first place. The Board and PM should have directed their out of compliance/enforcement activities to the owner from day one. We do copy the tenant when the matter involves the tenant (trash can not put away etc.) but the owner is always held responsible. If fines or other actions are implemented, they are imposed upon the owner, not the tenant. If there is a hearing, the hearing involves the owner, not the tenant.

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