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StaceyM (Washington)
Posts: 1
Posted:
I am on a Board of Directors for a condo community in the State of Washington. There are numerous condos in our complex that are rental units. Does anyone know if the HOA has any legal right or control over the rental units? For example, if an Owner rents a unit and the renters do not follow the rules and/or regulations of the condo association and they are disruptive and rude, does the HOA have any legal recourse?

Any help would be greatly appreciated.

Thanks.

Stacey
DonnaS (Tennessee)
Posts: 5,671
Posted:

Stacey,

The owner of the unit is the one person who is responsible for their tenants. If you have a notification system, then you notify both the owner and tenant that there is a violation and it must be corrected immediately.
Hopefully your association has the ability to fine for violations and if you have given proper time for a correction and it has not occured, then you fine the owner.

Do check with your documents to see if you do have fining and enforcement policies. The State of Washington also has some H.O.A. laws to follow for enforcement.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Sracey, Donna speaks correctly about you question. I just want to add that a legal recourse is the last thing you should look for. Your owners signing a contract is legally binding in nearly all states as far as I know. You should hasve a rental policy that addresses renting of units. In condos and some HOA the association can restruct the number of rentals. And this muct be in your documents and if it is not there then the Board and members have the power to put it there. The contract a new buyer in the association, as I said is a legally binding contract. so" if you don't have the restrictions you want, amend you CC&R's.

And take Donna's advice and make all owners directly responsible for anyone in their units, rental or otherwise, makes no difference. If those that rent don't register each lease with the association and list all people in the unit, then make them register a lease with the sddpciation and state in the lease that the conduct of the renters is enforced by the pwner who has the authority to terminate the lease. It will do no good to fine the renter or rule his conduct in the unit, but common property rules and laws can be enforced by the regime and fines and expenses levied against the owner for any action forced on the association.
GlenL (Ohio)
Posts: 5,491
Posted:
Ohio changed the statutes regarding condos a few years back and now everyone who moves into a condo must supply the BOD or MC with the names of all the people living there, their contact information including where they work. It also gives the BOD the right to initiate eviction procedures and charge the legal cost to the owner. In addition our declarations make the owner responsible for his tenant and all leases must be for at least 6 months.

Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posted:

Glen,
Thank you for this information. Could you please copy the Ohio Statute which says that everyone who moves into a condo must supply the BOD or MC with the names of all people living there? If you have been reading the posts lately, we had quite a few people who think that this request is not something that should be done and some who's association require this. Thanks, Donna
ElizabethB1 (Arkansas)
Posts: 50
Posted:
I assume Stacy's question was about long term renters. What about short term renters?

Robert(SC), perhaps you can give me some advice about the State of S.C. I know my neighbor regime makes no reference to renters, long or short term.

Oops, I think I just hi-jacked Stacy thread;-) Sorry.

E
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna and Glen,
Our condo BOD won't hear to owners having renters signing a lease.
The CC&R's require it but that is not reason enough for them to enforce.
Their explanation are mostly varied and contradictory. One time it is they don't want to be a third party to any lease another time it is something else. They just ignore the fact the association is responsable to what happens on all the real property and owners do not have the right to rent unless they follow the CC&R's, no matter what the Board says.

Been that way forever, and our Board makes no effort to enforce or even understand why they should require strict attention to the covenants.

Funny, in a way, because I finally got the Board to redo our documents and I was on committee and I got them to agree to a separate section under Renting. Problem was when the final documents were put out, I was not invited to the meeting and even though some of what needed changed was there, they just ignore it. It is like the whole section is not there. We have in many aspects become a Motel, but that's a long story.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Elizabeth,
Start a new thread on SC HOA's and Condo's.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
ElizabethB1: If short term renters are a problem for your community assn. perhaps the membership would want to take a vote to add an amendment to the Declaration.

GlenL (Ohio)
Posts: 5,491
Posted:
Donna here you go; this was enacted in 2005 with HB135 which was a sweeping change of the applicable statutes which expanded not only the BOD's powers but also provided fail-safe's designed to help protect the HO from BOD abuses or inaction.

5311.08(B)(6)
Within thirty (30) days after an owner buys a unit, he must provide this information in writing to the Board:

a. Home address, home and business mailing addresses, and home and business telephone numbers of owners and all occupants of the unit.

b. Name, business address, and business telephone number of any person who manages the owner's unit. Within thirty (30) days after a change in any of this information, an owner must notify the Board of the change. When the Board requests, an owner must verify or update this information.

5311.18(A)(2)
The Association may evict a tenant for violations of the Declaration, By-Laws, or Rules. The Association must give the owner at least ten (10) days written notice. The Association may also be required to give the tenant written notice. The costs of the eviction, including reasonable attorney's fees, are charged to the owner and become a lienable special assessment.

Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posted:

Thank You So Much Glen,

Donna

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