Waiver for renting my Condo

Started by CrazyG • 7 replies • 470 views

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CrazyG (Tennessee)
Posts: 3

Posted:

Hello,

I am new to this board. I hope you'll doing good and Happy Holidays.

I owned a condo and because of my job, I have to make a move to a different city.

My community has rule that says only 8% of condos can rent out and unfortunately my condo is out of that 8%.

I spoke to a board member and they asked me to write a letter for a waiver to get approval from the Board.

I am really not sure how all this process works. I really don't want to sell my condo.

My questions are:

1) What is the probability that the board approves my waiver?
2) If they don't approve, Is there any other way to put my condo for rent?
3) Is there any sample letter, so that I can write a more professional letter to the board?

Thank you!

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By CrazyG on 12/20/2019 5:11 PM

My community has rule that says only 8% of condos can rent out and unfortunately my condo is out of that 8%.

Would you please quote, word for word, what your condo's Declaration of Covenants says about renting? Do not quote what the condo's "rules and regulations" say. The "rules and regulations" are different from covenants. The covenants are what a court will look to if push comes to shove in this situation.

Alternatively, you can email me the Declaration of Covenants at [email protected]. I will pick out the relevant sections and post them here. Then others can share their thoughts and give you more useful feedback.

CrazyG (Tennessee)
Posts: 3

Posted:

I just sent an email to the email you provided with "Link about capped rentals and master deed"

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By CrazyG on 12/20/2019 5:11 PM
I owned a condo and because of my job, I have to make a move to a different city. My community has rule that says only 8% of condos can rent out and unfortunately my condo is out of that 8%. I spoke to a board member and they asked me to write a letter for a waiver to get approval from the Board. I am really not sure how all this process works. I really don't want to sell my condo. My questions are:
1) What is the probability that the board approves my waiver?
2) If they don't approve, Is there any other way to put my condo for rent?
3) Is there any sample letter, so that I can write a more professional letter to the board?

CrazyG emailed me the amendment to his condo's covenants that limits rentals to 8%, with some caveats. See attachment. The amendment looks properly done. Nationwide, it appears caps on rentals imposed via an amendment to the covenants are usually legal.

CrazyG, have you lived at this condo for more than two years? This would help.

I would write something like the following to the Board:
----------------------------
December 21, 2019

Dear Board,

The November 2017 amendment to the condominium's Master Deed states that, "The number of rented units is restricted to no more than 8% (approximately 10) of the 129 units in the complex without a waiver from the board. The waiver would be for financial hardship, the inability to get enough money out of the unit to sell; anyone having to move due to job or care for sick relative, divorce etc."

My employer recently moved my job to another city. I cannot afford to maintain a residence in this other city and also keep my condominium unit here, unless I rent. I respectfully request that my unit be granted a waiver allowing me to rent it.

Thank you for considering my request.

Sincerely,

__________
Unit _____
_____ Condominium
-----------------------------

I do not have enough information about your board to try to predict your chances of success. I can say that one reason Boards have flexibility is because they do not want people selling at low prices because they are not allowed to rent their units. The latter is the main reason that boards typically permit waivers.

If your board does not approve a waiver, then I see no other way for you to lawfully rent your unit.

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CrazyG (Tennessee)
Posts: 3

Posted:

CrazyG, have you lived at this condo for more than two years? This would help.

---

I completed 3 years living in this condo.

I am moving because of my job.

Based on the above two, I should get waiver.

However, I don't know if there any other clauses that makes not to rent. So, I am posting here for advice.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By CrazyG on 12/20/2019 6:19 PM
I completed 3 years living in this condo.

Great. After the phrase, "... unless I rent." add "I have lived here for three years."

After you send your letter, try to get a receipt. If there is an on-site manager, dropping off the letter and super politely asking for a receipt might be best.

MarkM19 (Texas)
Posts: 1,459

Posted:

Augustin gives great advice here. The main thing the Board and any HOA is trying to avoid is having your Condo association become a renter haven. This usually means that properties become neglected by absentee owners who only cashing the rent checks. I bet others have submitted similar requests and I would use that as a last resort. " Why am I being denied the ability to rent verses getting forced into foreclosure"?

You might also want to mention that you want to retain the property because it is very likely this could be a short term assignment and your heart is in this Association. If you have served on the board you must have some allies who should support this request.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

May I ask what is the punishment of exceeding the 8% and renting it out? Just because it's restricted does it make it punishable?

Former HOA President

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