double standards for owners vs tenants

Started by LaurieA • 8 replies • 1550 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LaurieA (Tennessee)
Posts: 13

Posted:

Our new condo board in Knoxville wants to add an amendment to our bylaws listing restrictions and rules for tenants ONLY, not also for unit owners. These separate rules are much more restrictive than current bylaws for unit owners. Is this legal?

LaurieA (Tennessee)
Posts: 13

Posted:

Laurie A. is now living in Knoxville, TN and has just updated my account. The above question is for Tennessee, not Florida where I used to live. Thanks.

HaroldS (Arizona)
Posts: 906

Posted:

I don't know TN laws, but I doubt it is legal. Once again, your contract is with the owner, not the tenant.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I own a home near Chattanooga and the first thing that I did was to check for Tn. HOA laws. There are none. They do have condo and mobile home laws but no HOA's. So you are out of luck when it comes to some help from the State.

But I know for sure that tenants have the same rights in many respects as owners as for following the rules of an association as for use of common areas. So, are you in a HOA, Condo or Mobile home park? That would help to do the research. But I seriously doubt that it would be legal to seperate the two from each other , other than voting rights.

MaryA1 (Arizona)
Posts: 7,043

Posted:

I agree with Harold and Donna. But, I must ask "WHY"??? I don't understand why so many people want to treat renters as second class citizens. I think most of us were in that category at some point in our lives. To want to have separate rules for renters is really petty, not to say demeaning. I certainly hope this board will give serious consideration to dropping this ridiculous requirement.

LaurieA (Tennessee)
Posts: 13

Posted:

we are a condo,not an HOA, Tn condo law doesn't address this. If anyone can give me a website to help me research, very appreciated!

GlenL (Ohio)
Posts: 5,491

Posted:

Laurie, Title 66 is the TN Landlord Tenant Act try this:
http://www.kr-ba.com/Landlord%20Tenant%20Act(9-8-2006).pdf

What specific rules are they trying to enforce? Generally speaking the condo would have to enforce against the owner of record and they would have to enforce against the tenant. One HOA I saw makes owners include language in their rental contracts to the effect of if the H/O becomes delinquent then the HOA can collect directly from the tenant and the H/O must credit the tenant the amount as if he had paid the rent.

Studies show that 5 out of 4 people have problems with fractions

LaurieA (Tennessee)
Posts: 13

Posted:

thanks, Glenn, they are going to create a 2nd set of rules for tenants only. We are a new development and 4 of our units have not sold so the builder plans to rent 2 or more out. We can't keep him from renting, we don't want to, and I agree with a previous post that some tenants can be really great to have. That's my concern, when they find out they have more strict rules to follow it will alienate them and they won't feel a part of our lovely little comminity.

HaroldS (Arizona)
Posts: 906

Posted:

"it will alienate them and they won't feel a part of our lovely little comminity." Well of course. What would you expect from overt discrimination?
"Not being able to sell" is a prime reason for not restricting rentals. If not able to rent, all an owner has left is to dump the property at whatever he can get or just walk away to avoid pouring even more funds into it - and surprise! that affects all other owner's property values.
And aren't we often told, maintaining property values is supposed to be the main objective of an HOA?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here