Proposed Bylaw Change

Started by JohnM79 • 4 replies • 693 views

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JohnM79 (New Hampshire)
Posts: 23

Posted:

The BOD is proposing multiple bylaw changes. The one listed below does not appear to be legally possible. The matter arises over a dispute a few years ago in which the rental desk owner and a licensed real estate broker made several disparaging remarks regarding a potential buyer of a unit and a current owner. He eventually pleaded guilty to a different violation which covered the complaint and was fined by the real estate commission.

The proposed bylaw is:

In no event shall an owner take any retaliatory action against any tenant, who pays rent to the Association, or any portion of rent to the Association as provided in this section.

AugustinD
Posts: 5,144

Posted:

If the proposed bylaw wins approval, and an incident arises from it, then only then does enforcement become a problem. I do not think it's prudent, but I also cannot intelligently argue the proposed bylaw would be 'illegal.'

I think the specific instance you raise would be more of a dispute between an owner and a potential buyer. This could give cause to legal action by the owner. But I do not see the HOA becoming involved. If the "rental desk owner" is some kind of employee of the HOA, then I think the HOA board should have taken disciplinary action against the employee.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Tenants don't pay the HOA dues. ONLY owners. So this whole statement is completely irrelevant and subjective. I would strike this from the by-laws. This is a police matter if one acts in retaliation or maliciously. It's NOT the HOA's responsibility to address behavior.

Former HOA President

BenA2 (Texas)
Posts: 1,273

Posted:

There is no way this could be used to prevent someone from taking legal action against someone else. It's worthless, in my opinion. If the HOA could make and enforce such a rule, I think it would have to be in the CC&Rs, not the bylaws.

TimB4 (Tennessee)
Posts: 21,061

Posted:

John,

Personally, if I were a renter and was told by a third party to start paying the rent to them, I'd completely ignore it. Perhaps turning the issue over to the police if they persisted.

As a renter, I signed a contract with the owner/landlord. Unless you are a party to that contract, you can simply go away and not bother me unless you have a court order.

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