fishy bylaw

Started by LanceD2 • 21 replies • 999 views

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LanceD2
Posts: 10

Posted:

i am interested in a loft. i noticed something fishy in the bylaws. can an HOA tell someone they can't move in on saturday once the deal goes through and is closed on it would be an all cash deal. it don't sound legal to me

LanceD2
Posts: 10

Posted:

ok so i messed up!!! i ment to say that the bylaw states that one can't move in on a saturday or a sunday

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lance

Like it or not, they can if it is in the Covenants or Bylaws or Rules & Regulations which by buying into the association, you agree to abide by.

Look at it this way. They might want people to be able to enjoy their weekends with peace and quiet and have free use of all facilities rather then the noise and inconvenience caused by someone moving in such as elevator service usage, hall blocking, stair blocking, etc.

You could request a one time exemption from the BOD.

You sound like someone that might chafe at the limitations that can be imposed. I suggest you might reconsider living under such restrictions.

FredS7 (Arizona)
Posts: 927

Posted:

Restrictions on when and how moving is done are common in elevator buildings.

KerryL1 (California)
Posts: 14,550

Posted:

In our high rise, the limit on move hours are in a our rules & Regulations. We also have a special form for moves that includes are refundable damage deposit and a cost to move per half a day because we have to hire an extra security officer to stand at the open doors to our lobbies as the moves take place.

As Fred & JohnC point out there alway are limits on how the elevators are used. We, for example, don't permit move on weekends or major holidays. Why? Because that's when residents are home the most to use the elevators. Move hours are 8-5p only. Se and many like us also don't permit "staging" in the hallways or lobbies--this mainly has to do with fire codes.

I suggest, Lance, that you read every rule very carefully before you close on this or any loft or condo building. You don't sound much like a community-living kinda guy.

RoyalP
Posts: 1,104

Posted:

If one does not agree with, or like, the Covenants and Restrictions; one should NOT purchase.

If one does not agree with, or like, the Bylaws; one should NOT purchase.

If one does not agree with, or like, the Rules and Regulations; one should NOT purchase.

If one does not agree with, or like, Community Ownership; one should NOT purchase.

RUN

RUN FAST

RUN FAR

and, always

CAVEAT EMPTOR

TimB4 (Tennessee)
Posts: 21,062

Posted:

Lance,

You can probably take a couple of suitcases in.
The point of such a rule is to keep someone from monopolizing the elevator moving furniture when it is most likely needed by the majority of the residents (i.e. on a weekend).

RoyalP
Posts: 1,104

Posted:

Tim,

You are correct, of course.

however

The OP is ALREADY questioning HOA living BEFORE even purchasing.

As well they 'should' perform due diligence.

Probably not wise for the OP to actually buy in.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By LanceD2 on 11/27/2018 2:05 PM
i am interested in a loft. i noticed something fishy in the bylaws. can an HOA tell someone they can't move in on saturday once the deal goes through and is closed on it would be an all cash deal. it don't sound legal to me

Yes they can, especially in Hi-Rise condos. It is quite common to have certain hours that you are allowed to move-in, and you are to use a specific elevator.
Even deliveries like furniture and appliance you need to follow the schedule that the "dock" is open.

KerryL1 (California)
Posts: 14,550

Posted:

I'm glad added her most recent post. Our HOA and most elevator buildings require notification in advance before substantial deliveries. The reason is to have staff pad it and also use floor runners depending on the item(s) being delivered. Padding sand runners also are required for moves.

Some high rises have a delivery/move elevator, we, sadly, do not.

LanceD2
Posts: 10

Posted:

no i get it now id'e want my peas and quiet on the weekends to as well as i would not want stuff blocking the elevators people in the way and free use of everything and certain hours as well i would not wan't to hear stuff banging around and doors slamming at 2 am when i have to work as well!!! not being used to elevator buildings and coming from a condo where the rules were simple keep your outside area clean and don't be a pig out there ect ect. this is just new to me is all

whats a BOD

LanceD2
Posts: 10

Posted:

i ment to say peace and quiet damm keyboard ugh

LanceD2
Posts: 10

Posted:

and i agree with that!!!

LanceD2
Posts: 10

Posted:

ok so i read the reviews on the place and there was a murder in there so i decided not to take it and there's no covered parking. i turned it down. though i will keep reading the bylaws for the pad i am interested in and ask questions to the residents that live there and i will look at the budget to

TimB4 (Tennessee)
Posts: 21,062

Posted:

Lance,

Regardless if you purchase a condo, a town home or a detached home, you should always review the documents.

Things to look for:

Do they have a reserve study?
What percentage are the reserves funded?
Are there any pending legal actions (beside collections)?
What is the Association delinquency rate (can be an indicator of higher assessments)?
Can you live with the restrictions imposed by the covenants?
If you want to add a shed, deck, fence, etc., will that be allowed?
Do the expenses look realistic?
Is the membership in control or is it still the developer (you would prefer the members to be in control)?

There are other things to be concerned with, but this is a good start.

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By LanceD2 on 11/28/2018 10:27 PM
no i get it now id'e want my peas and quiet on the weekends to as well as i would not want stuff blocking the elevators people in the way and free use of everything and certain hours as well i would not wan't to hear stuff banging around and doors slamming at 2 am when i have to work as well!!! not being used to elevator buildings and coming from a condo where the rules were simple keep your outside area clean and don't be a pig out there ect ect. this is just new to me is all

whats a BOD

Board of Directors

LanceD2
Posts: 10

Posted:

the OP didn't buy there!!! i have found another place that's more laxed!!!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Lad th lish laxed 2.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lance

Just hope they are not lax on a lot of things.

JoanQ (California)
Posts: 36

Posted:

I totally agree, but what if you do not receive the most current documents from the HOA before purchase, purchased and moved in only to find a restriction that would of stopped you from purchasing?
which is what happened to me.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Joan,

Buyers have a responsibility to know the facts ...

JoanQ (California)
Posts: 36

Posted:

yes I totally agree that the buyer does have the responsibility -I my case I was given outdated documents directly from the Manager at the co-op, so there was no way for me to know what was current. In my opinion, the co-op also has the responsibility to provide potential buyers current and up to date documents, which did not happen in may case.

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