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JaneD (Florida)
Posts: 7
Posted:
Does anyone's HOA Docs state the length of time a guest may visit? Our community requires a background check with all lease submissions. Some units have adults living there who are not on the lease. These tenants tell the owner it is a visitor. Our Docs were amended at turnover and unfortunately that clause was omitted. Sometime this year we will be amended our Docs and will try to have it reinstated.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jane,
My rental unit is in an association that requires written permission from the BOD for any person staying in any unit for more than 30 days as a guest. That guest obtains a Limited Guest parking sticker with the date on it. They try really hard to know who is in the units just as a security factor. But this is a side by side villa situation.

If you are single family homes, normally your CC&Rs will state that the lots are designated as "single family residents", which means NO TENANTS living with families. We have had this discussion before as to what constitutes a family.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Well, this is one I'm going to have to stay out of. Even in our community of "single family homes," we would be INSANE to try to force live-ins and significant others to either marry or move to satisfy some overly restrictive application of such an ambiguous interpretation of the phrase.

HaroldS (Arizona)
Posts: 906
Posted:
Who's the lucky person who gets to be "visitor police" to clock these people in and out and make certain they don't stay an extra day? And we wonder why there is negative media attention.
JaneD (Florida)
Posts: 7
Posted:
no need to get testy. I am talking about renters who allow guests to live for months in their condo. they are not on the lease. all lease applicants are to be approved before moving in. this is how they get around the required background check which is a requirement in our lease applications. and we have this requirement on the advice of our lawyer.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jane,
Because you and I are in Florida, the rental game is played differently down here and we both know how some people try to get around the rules for occupancy. I know what you are trying to get across to the others. Sometimes, guests come for "extended stays" Like 3 or more months) The "paradise name" lures them all and so many just forget to go back home.

My rental association handles their occupancy just like your does. Every owner must be on the membership docket, just as renters do. It is simply a security and insurance item to request knowing who occupies each unit. And that goes for guests who extend their stays. We don't need the "rental police" to know that there are extra cars in the driveways and extra people at the pool on a regular basis. Security cameras tells us so.
HaroldS (Arizona)
Posts: 906
Posted:
Testy? More like incredulous. To enforce your regulations would require a volunteer to "monitor" each rental constantly for comings and goings. They will need to determine if it is family or visitor. (I would hope.) When they arrive and leave. If they leave for two days and return does that start another 30 day window? Can a parent or sibling come stay for the winter? Apparently not. I mean, otherwise how else are you going to control those visitors without constant observation? My question remains: Who's the lucky stiff who gets to volunteer to do this? Harold
p.s. - Donna - Florida is not the only sunshine state that draws snowbirds. But I've not heard of anyone here in Arizona with such rules and doing this type of surveillance.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Harold,
This problem or proposed answer is not meant to monitor people who come and go in and out of the association property as visitors. It is meant to control people who make their visits into a semi permanent stay without letting the association know that they are living on the property and have not gone thru the "interview" process. The key words here are to let the association know who is living there after an extended time.

There are hundreds of thousands of " seasonal residents" who blanket our communities each winter and they stay between 2 to 6 months. That means increased security, more people using the pools and other amenities. And then there are always more 911 calls. Associations have a right to know who is on the common grounds and personal parking places and driveways. How else would there be any safety controls for the community, especially all of those that are gated and supposedly secured.

We had an elderly couple who used the pool area daily for 2 months until someone asked them who they were. Seems, they found a breach in a fence, tiny as it was, and used the community pool. Not that they were being bad but the chaise lounges get to be scarce in season and there lies the problem.
MikeS1
Posts: 668
Posted:
We've been down this path (somewhat) before. I tend to like Donna's 30 day visitor sticker, so that you have some control, but it does become a real monitoring challenge.

The parking rules need to be simple to understand, simple to administrate, and simple to enforce. I've give you a clause that approximates what you're looking for, but I will tell you that this is very difficult to monitor. How do you really prove who is a resident? and who is a guest? "Visitor / Visitor vehicles: A visitor and/or visitor vehicle in Community X is an individual (and his/her vehicle, whether owned, borrowed or merely operated) who does not own, rent, or otherwise reside within Community X, and who visits no more 30 days. Visitor permit parking is limited to 30 consecutive calendar days in any of the visitor space(s) within the community unless the board grants written permission otherwise to extend."
MikeS1
Posts: 668
Posted:
We've been down this path (somewhat) before. I tend to like Donna's 30 day visitor sticker, so that you have some control, but it does become a real monitoring challenge.

The parking rules need to be simple to understand, simple to administrate, and simple to enforce. I've give you a clause that approximates what you're looking for, but I will tell you that this is very difficult to monitor. How do you really prove who is a resident? and who is a guest? "Visitor / Visitor vehicles: A visitor and/or visitor vehicle in Community X is an individual (and his/her vehicle, whether owned, borrowed or merely operated) who does not own, rent, or otherwise reside within Community X, and who visits no more 30 days. Visitor permit parking is limited to 30 consecutive calendar days in any of the visitor space(s) within the community unless the board grants written permission otherwise to extend."
MikeS1
Posts: 668
Posted:
...or you could you Ben Franklin's method of identifying visitors.
HaroldS (Arizona)
Posts: 906
Posted:
"This problem or proposed answer is not meant to monitor people who come and go in and out of the association property as visitors. It is meant to control people who make their visits into a semi permanent stay" And how do you know someone is semi permanent without monitoring who comes and goes?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Believe it or not, it seems that almost everyone adheres to the rules of a community. There will always be one or maybe two who will not or cannot comprehend the meaning of simple rules and this is who the rules are directed at. Not you, not me and certainly not the average person or poster here, but the stubborn, "NOBODY'S GONNA TELL ME WHAT TO DO".

Here again, monitoring residents who belong in a developement(condo or villa and not stand alone homes) is another duty of it's Board. It has been done for years down here as an accepted practice with no problems and I find that the lack of understanding why it is done, puzzles me somewhat.
MicheleD (Kentucky)
Posts: 4,491
Posted:
And it puzzles me somewhat that if I enter into a long-term relationship, whether I marry that person or not, and he moves in with me, that I have to "vet" that person in my own home.

What if you "disapprove"?

It's MY significant other.

That truly puzzles me. That's one of the worst infringements I've heard to date.

MikeS1
Posts: 668
Posted:
MicheleD - How True - I know that with Co-ops, the Co-op Board must approve you, but this process of approving renters is intriguing to me as well. Tracking Rentals is really tough and I happen to know this, since we have a Lease addendum that is supposed to be used if one of our residents decides to turn their home into an investment property, but getting folks to use the lease addendum, is like pulling teeth. The lease addendum itself is innocuous and it really serves as more of a communication tool, than anything else. Generally there is no objection to it.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Basically, quit making something out of nothing, Significant others or clones, it doesn't matter. There is no approval, just a registration of who is living in the units. Owners have to do it so why not "others"? We aren't talking about stand alone houses, just where they all have to share common amenities, elements and close proximity uses.
How about sexual preditor registrations? Are they okay next to your kids?
MikeS1
Posts: 668
Posted:
Running a background check? is making something out of nothing? Interesting.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jane,
As you can see by the above posts, there are people who do not feel that having these long time "guests" register as being living in the community, will not agree with the concept. There are so many issues that every single body count affects within a close proximity community, but security is the most important. You had the rule before and it worked so just adopt it again. As I said, one of my rental community requires it and registration for all works for them.
DJ1 (Ontario)
Posts: 798
Posted:
I can see both sides of this situation BUT stepping back a minute I would have to still question the end goal.

At what point in time does one decide that a 'visitor' should register because it seems to me that the impact of a visitor using the amenities is the same for 1 day or 100, on a per day basis.

As far as security, if I'm a criminal visiting a friend I pose the same risk whether I stay for 1 day or 100.

Jane herself classified these long stay visitors as 'guests' so the name not appearing on a lease is irrelevant..

Is the rea; issue long staying 'guests' or additional permanent residents not being vetted for lease purposes?

Are you going to start doing background checks on visitors too, and if you find out something what are you going to do about it?
JaneD (Florida)
Posts: 7
Posted:
DonnaS
Thank you for your input. Security is the reason why background checks are done. Before they were required we had trouble with renters who were dealing drugs. So were not talking about misdemeanor offenses. The sexual predator list is also checked. The BOD has a responsibility to all residents in the community to provide a safe environment.
ShawnaF (Colorado)
Posts: 84
Posted:
This just brought up an old situation when I managed condos and people moved in who were not authorized per our leases. On MULTIPLE occassions we had incidents involving the renter and/or the other "occupant" who was not on the lease and police were involved (actually a pretty expensive and nice area too.) We were informed by the police that once someone has moved in for a period of time (even with our rules against it) they had a claim to the apartment and could not be forced to leave or evicted without the same proceedings as someone who was on the legal lease. Of course, this applied to CA, so maybe different than where you were but just a heads up to check on things there too.
MicheleD (Kentucky)
Posts: 4,491
Posted:
DonnaS said: " How about sexual preditor registrations? Are they okay next to your kids?"

That was a fairly disingenuous and purposefully emotionally targeted comment.

So, it's all about the "kids" huh?

Give me a break.

I was under the APPARENTLY incorrect understanding that what was being discussed here was that people were having live-ins (boyfriends, girlfriends, significant others) who would somehow be required to get a freaking background check to live in the home with their loved ones.

A simple clarification of that would have sufficed. Not the snarky "Are sexual predators okay next to your kids?"

Willie Horton-ish, to say the least.

And we are discovering here in Kentucky, that sexual predator registrations ARE running afoul of our constitution, so, whether it would be "okay" with me or not will probably be moot soon.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
And all of the above is why we have Boards and Rules that apply to each individual HOA. I see no argument in any post except trying to prove a point that probably doesn't appy to some one else's situation. This leads to "I wouldn't live in that HOA for a million dollars," instead of "I wouldn't live in any HOA for a million dollars."

Sound of bell ringing. End of round one.

Round two.

Posting how some associations control renters or visitors with the intent to provide security for the complex.

Sound of bell ringing.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
RobertR1: Thanks for putting us back on the "targeted subject". I would rather not get involved in the he said/she said which goes on here of late and of which there are many who just want to outdo the other poster or to 'throw out a barb'. I have better things to do with my time. So, to continue....

No one has brought up the fact that there is a direct effect on the association, as a whole, when 'visitors' stay for a period of time. No, they are not on the deed, and aside from the fact that it may be a single family home (which could no doubt house 3-4 persons), the reality is it impacts greatly in two association areas: 1) Parking; 2) Use of amenities.

Therefore, I concur that it is in the best interest of the Association for a resident owner to advise the Board when there will be 'visitor/s' for a period of time. No one has to then question who is that 'stranger' in the pool or on the tennis court; or whose owns that car parked next to mine...?

There are those who absolutely DO NOT want to be answerable to anyone else and will refuse to inform of the situation. But, after all, it is the Board's role of authority and they are to be provided the info when a situation occurs.
It doesn't have to be a big deal--only that they should be made aware.
IMO, it is again a matter for the use of common sense.

DJ1 (Ontario)
Posts: 798
Posted:
PaulM,

You bring us back full circle,

1. Is there an additional cost? Maybe, maybe not, depending on if the visitor has a car or uses the amenities. Maybe they don't.

2. "after a period of time". When does the guest/visitor become a resident requiring BOD approval for lease purposes, or when should the guest/visitor have to register. 1 hour, 1 day, 1 week, 1 month, 1 year and do they have to re-register if they leave for 1 day, 1 week, 1 month etc?
LaverneB (Florida)
Posts: 129
Posted:
Jane our docs state a guest can stay 30 days per calandar year. If itis not in the docs, you should change them.Also 2 people per bedroom in house(2 bedroom 4 people) etc...
DonnaS (Tennessee)
Posts: 5,671
Posted:

Everyone,
I had this on another post and felt that I could just restate my feelings here as this is probably the better place for this.

What I have found thru this site is that there are 2 kinds of association/ living conditions that all of us HOA's, POA's and COA's live in. The ones that are loosly controlled with lots of freeer restrictions , sometimes none at all, and the ones that have stricter controls.

Each one serves it's purpose and some people would never, ever consider tight controls while some are perfectly fine with knowing what is expected of them daily. It is different for all of us.

Those who do not like the control, should accept the fact that some of us do live that way and are okay with it, should not to be criticized with Rules and Documents that are firm and strict. We still are scrutinizing over an issue on another post. Let us be less judgemental on these issues because NONE IS MORE RIGHT OR WRONG, JUST DIFFERENT.
HaroldS (Arizona)
Posts: 906
Posted:
Laverne - now you are counting bedroom occupancy in Florida? Just amazing. Harold
DonnaS (Tennessee)
Posts: 5,671
Posted:

Harold,
In Lavernes defense, there is a standard by which housing is monitored in every County in the country and that is by the number of bodies inhabiting a building. Fire codes and Health departments, I believe set the numbers. Are they uniform in numbers, I do not know but this is used in Arizona also.
GeraldT4
Posts: 1,022
Posted:
Did anyone ever see "In Her Shoes" with Cameron Diaz, Shirley MacLaine, and Toni Collette? Awesome movie and this post reminds me of it due to the extended visitor issue. Just thought I'd throw that out there and then stay out of this issue, too heated for me.
HaroldS (Arizona)
Posts: 906
Posted:
Aha - Fire and health departments. So why are your HOAs enforcing it? I've always been a firm believer in letting other agencies do our dirty work. So many of our rules are also covered by city, county etc. We are volunteers you know, and hopefully have another life.
SteveB21 (California)
Posts: 1
Posted:
MicheleD & HaroldS apparently don't get it. They are just way too testy. Our condominium complex HOA is currently in the process of amending and restating our CC&R's, I just found this site after searching for "How to define a tenant and a guest in a condominium HOA". I was looking for this because I am on the BOD and we definately have problems with tenants renting a condo from the owner and putting two names on the lease. We only allow a maximum of 4 people in each unit. Then us homeowners start seeing three adults and 4 children coming & goining from the unit.So we are looking for a way to properly / legally state the definition of a guest or invitee in our new CC&R's so that we can control this problem. OF COURSE we won't have the "guest police" monitoring "comings & goings" of all people in the complex (sorry MicheleD & HaroldS), but when several residents notice too many people appearing to live at one unit for several weeks or months, then we have the "teeth" in the CC&R's that will enable us to enforce it!
TimB4 (Tennessee)
Posts: 21,061
Posted:
Steve,

This posting is over 4 years old.
Since laws change, what may have been good advice in 2008 might be bad advice in 2013.

Having advice from 2008 and 2013 on the same thread may be confusing for future readers. This is why it's best to start a new thread instead of reactivating an old thread.
PeterD3 (Florida)
Posts: 708
Posted:
Steve,

And this has had what impact on the quality of your life?

You have yet to state the 'problem' this has caused.

The problem appears you and the others have nothing else to do but 'observe' your neighbors despite your statement to the contrary.

"one doth protest too much"

MikeR15 (Massachusetts)
Posts: 389
Posted:
Have to agree with Peter.

Mind your own business and let other live their lives. Things are tough enough now without busybodies

lurching at their neighbors.

ValerieS2 (Michigan)
Posts: 244
Posted:
I would be shocked to hear of a case where this was actually enforceable. If I were the extra resident I would say I was babysitting. I would claim not to live there but just be visiting a LOT. I would say PROVE it.

The MUST be something more relevant these bylaw police can do with their time.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
legal definition of "TENANT"

Any resident of a dwelling other than the owner(s).

eg. child, wife, cousin, parent, room-mate, etc etc

tenants do not necessarilly pay rent

renters are not necessarilly tenants (mom rents apt. for son to occupy)

juuuuust food for thought ~ this is why the 'docs' are so hard to write/modify
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By n/a on 02/06/2008 2:57 PM
Running a background check? is making something out of nothing? Interesting.

at a time before I was on the Board we were being told that our Master Deed could not be changed at the same time the Board decided to change the word "register" to "apply" so that they could do a background check. Of cours the current Board does not insist people "apply" only "register" with the Secretary.

As Secretary, this does cause some extra work for me. But I am glad our units are selling.

Our main problem with "visitors" is with people under 55 "visiting" for extended periods. We are working on a fine schedule, but not eager to start fining. If s
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Sorry the last "if s" should not have been in the post. I am well beyond bifocal age. I think 5 or 6 prescription plus macular degeneration.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By PeterD3 on 07/23/2013 5:00 PM
Steve,

And this has had what impact on the quality of your life?

You have yet to state the 'problem' this has caused.

The problem appears you and the others have nothing else to do but 'observe' your neighbors despite your statement to the contrary.

"one doth protest too much"


Before I moved into my condo unit there was a young man lvinging in a unit with his aunts. This young man caused many problems, including beating up his aunts and doing drug deals. The Board at that time did get a restraining order against him.

This young man is older now; has changed and become a responsible working adult. But as a senior community, we need to be concerned about the safety of our older residents.
TimB4 (Tennessee)
Posts: 21,061
Posted:
ALL,

This thread was started in 2007.

As we all know, it's best not to reactivate old threads.

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