HUD

Started by PauG • 5 replies • 1649 views

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PauG (Maryland)
Posts: 53

Posted:

Many of the homeowners in our Association are upset to discover that HUD bought two homes in our community. This means until HUD sells, if ever, there will be section 8 housing in our HOA. Does anyone know what legal rights HOAs have regarding HUD housing and section 8? Can the board require a screening of residents? We never have any HUD representative attend any of our community meetings, and the people they have placed have been rude, disruptive, and do not abide by the covenants. We aren't even sure if HUD informs them that they are moving into an Homeowners Association and educate them on the covenants.

BrianB (California)
Posts: 2,820

Posted:

interesting questions. Having never dealt with HUD before, i know nothing.

Who "owns" the home when HUD buys it and does what it does? THe new tenant? the government? Your recourse lies with whomever signs the deed, as far as I can tell. THe deed signer agrees to live by the Covenants, not renters.

JosephW (Michigan)
Posts: 882

Posted:

Although I've dealt with HUD projects, I haven't dealt specifically with Section 8 units. But, you can require HUD, if they're the owner of record, to abide by all of the CC&R's, bylaws and rules. If they are putting renters in, you can adopt a policy requiring them to provide the tenants with copies of the docs and rules and to incorporate into any lease, a section that notifies the tenants that they are required to abide by them and that they agree they will, and to provide the association with a copy of the lease and a contact name and number at HUD who is responsible for those units. When I dealt with HUD I treated them like any other owner, including fines and late fees.

If you're having problems with tenants, find out who at the local HUD office is handling it and go talk to them.

Joe

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JimM7 (Florida)
Posts: 71

Posted:

PauG......
Maybe this will help.....this comes from our By Laws:

Article Six....Obligations and Enforcement

Secion 1. General.. Each Owner and the Owner's tenants, guests and invitees, and the Association, are governed by , and must comply with, the applicable provisions of Florida law, the Covenants, the Articles of Incorporation and the rules and regulations duly adopted by the Board of Directors. Action in law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought against.....(d) any tenants, guests or invitees occupying a Lot or using the Common Areas. This section shall not deprive any person of any other right or remedy.
We have a legal procedure under Florida law to levy a fine for violations.

Short answer ..check your documents and if they must be revised,so be it.

We don't have a problem with enforcement....IF it is necessary, and it rarely is.

Good luck.

JimM7 (Florida)
Posts: 71

Posted:

PauG...

This may help. "google" Florida Statute 720.401.

It is a dislosure statement required in Florida.

MaryA1 (Arizona)
Posts: 7,043

Posted:

If it is HUD housing it most likely will be handled by the local City Housing Dept that is in charge of public housing. I am a past City housing Commissioner and I seem to recall the City handled all the HUD housing. IMO, it would be worth checking with them.

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