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PeggyS1 (California)
Posts: 5
Posted:
Does your HOA allow your house sitter to use the facilities like to pool or the gym?
SusannaM (Florida)
Posts: 366
Posted:
I'd say your house sitter would be considered a guest. Check your rules and regulations about the use of your ammenities by owners and their guests.
PeggyS1 (California)
Posts: 5
Posted:
Guests have to be accompanied by an owner to the rec center. I am trying to find someplace that has established a policy specifically for house sitters.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Peggy,
I would make a good guess that house sitters would not be specifically addressed because that is very specific and documents are not usually that precise on a subject that does not apply to most of the membership. Your Docs say that guests must be accompanied by an owner as mine do also. I think that is the norm. Is this a long time sitter or just a short term like a week or so?
PeggyS1 (California)
Posts: 5
Posted:
Mine is a 55+ community so it might apply to more people than you think. I want to make a proposal to the board but I want all my ducks in a line first.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Peggy,
I have 2 rental units that I own in S. Florida, both are 55+ communities with identical restrictions , reading as yours does. One of them is a community of many snow birds who are not owners. Their documents read that an owner shall surrender their pool and other recreational facilities use to their tenant of registration as long as the tenant/renter shall remain within the terms of the lease. This could probably be tweeked to include house sitters? I hope that this helps.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
I'll guess seeing the unit is being sat that the owners are elsewhere so accompanying them is out. I'll also guess your BOD has the power to make a specific exception (as in a resolution) for cases like this, depending on your docs, unless the much more difficult Amendment process is required. Which are you thinking of proposing?
PeggyS1 (California)
Posts: 5
Posted:
Thank you both. This has been very helpful. I am thinking the owner would surrender their privledges to the house sitter.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Peggy,

Since a house sitter is obviously living in the house, I would say they should be treated as a guest. I'm sure your docs mention guests, right?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary, Ya musta had an oops moment. Peggy's O.P is-
"Guests have to be accompanied by an owner to the rec center. I am trying to find someplace that has established a policy specifically for house sitters." I looked at more of my Docs and Fl. Statutes which do not address sitters, therefore my best guess would be that the Board must adopt a policy. Because she is in California, I would imagine that they also have many owners who are mobile and use sitters more often than some other States--like maybe Iowa.

SusannaM (Florida)
Posts: 366
Posted:
Peggy, do you have to show picture ID to enter your facilities, or do you swipe a card??? When I say pic ID I don't mean drivers license, I mean a community badge. You don't have to look up your state laws. State Laws are for homeowners in deed restricted communities, not for guests, renters, sitters, or pets. Those topics are addressed by the BOD in your rules & regulations. But you can perhaps write a letter authorizing your sitter to live in your home and use your facilities while you are away. If you think about it, that is not a bad idea. A nervous neighbor who does not know your sitter may find her presence in the house suspicious and call police. It has happened to a friend of mine.
PeggyS1 (California)
Posts: 5
Posted:
We do not show an ID. We just sign in. It is not a very big development. To me the problem is our CC&R's do not even mention housesitters in any way. I would like to develope a policy and present it to the board. I envision a form I fill out about the house sitter, how to contact me in my while I am gone and an end date. I am just looking for communities that have already developed policy.
SusannaM (Florida)
Posts: 366
Posted:
Peggy, I just don't understand why are you talking about CC&Rs and "policies." I think you are making too much of it. Your house sitter is no different than a guest or a relative staying at your place. Your Covenants pertain to deed restrictions. Is yours a condo ??? I'd be very surprised that the Board would entertain the idea of coming up with a "policy" for your particular situation. Why don't you just talk to the management company or a board member ?
KirkW1 (Texas)
Posts: 1,665
Posted:
The issue with a house sitter is that the situation is a moving target. There are house sitters that basically rent a home short term for a very reduced rate. These people are in fact renters and should be treated as such. Then there are house sitters who are a friend (or acquaintance) and come around for a week or two then leave.

If you don't know, then you could nicely inform the person that guests are to be accompanied by the resident in the facility.

Regardless of what you come up with though understand that it may or may not solve your problem. Some people will politely leave and not come back if approached as above. While others will stand their ground in the face of all kinds adversity.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
In SC, under our documents, an accompanied guest would be a guest and whatever your rules are about guests would prevail. If this "Guest" is a renter or has any contractual agreement with the owner, that automaticallys designates their privedges to the Guest and the owner can not utilize any amenities assigned to that unit. The lease must be signed and delivered to the property manager and a file maintained.

Of course, that rental policy has been on the Books for 27 years, has never been followed or required by the BOD. For the last twenty years come April this subject has been raised at Board Meetings and annual meetings and the BOD has never made any effort to even respond to the question other than admit the prescense of the authority in our documents. It will be brought up again at the annual meeting, who knows, this may be the magic year.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ooops, forgot to add.
There is a specific sentence in our documents that says (in effect, any time any person occupies a unit, whether for monetary considerations or no monetary considerations, they are considered as renters and the owner automatically assign his rights to this quest, in his absence. The registration requirements prevail. Note this "right" also includes all the demands on an owner as a member of the association, except the right to vote.

I have not come close to opening this can of worms as there are questions about those polices in our documents, but no problem here, the Board just decides to ignore it.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Robert,

I can't understand how your docs can designate a guest as a renter -- they are not the same! A renter pays the owner to live in his unit and signs a lease spelling out the requirements of the rental. In this sense, a guest is a visitor in the unit enjoying the hospitality of the owner. However, as for privileges, both should enjoy the amenities of the community. The renter would enjoy the amenities in place of the owner and the guest would enjoy them by virtue of being a visitor in the home of the owner.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Peggy,

I think it would be wise of your board to adopt a policy regarding house sitters. I like the idea of being required to inform the BOD of the house sitters name and contact info together with the dates they will be living in the home. The board may also want to impose the requirement that the house sitter be given copies of the CCR restrictions and rules of the assn. Also the policy might state that the requirement for guests to be accompanied by a member in order to use the facilities does not apply. A special pass might be issued for use of the amenities.
SusannaM (Florida)
Posts: 366
Posted:
I thought the OP was referring to her own situation, in other words, a "house sitter" she plans to bring to her home while she's away.

The OP did not say anything about "renting" whether short or long term or, money being exchanged for the service. There are sites on the internet that offer "house sitting" services for a fee. In that case I'd assume the contract is between the homeowner and these agencies, and the sitter is either an employee of the agency or independent contractor.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Here you go.
Also note that this says: The Board SHALL have the authority to adopt Rental Polices, at the end of establishing these rental policies. Not that is matters. Didn't I read somewhere this SHALL is the direction to do it positively. I also read somewhere here that the INTENT of the words also dictate authority. As I said in my post, what difference do the words make if you don't abide by the INTENT, which is clearly to establish a Rental Policy. The best way to get a rental policy enforced is to make all absentee owners spend six months a year in their unit 24/7. RENTAL RELIGION MIRACLE!!!!

****************************************************

Section 6. Rentals. Units may be rented provided the occupancy is only by the Tenant and their immediate family. The following provisions will apply to the renting of Units:

(1) The use of a Unit by anyone not the Owner for any time period shall be deemed to be a rental of the Unit whether it be for monetary consideration, or other consideration, or for free.

(2) When an Owner rents his Unit, the Owner is deemed to have assigned to the Tenant the right of the Owner to the use of all Common Areas and Limited Common Areas during the rental term. Therefore, the Owner shall not exercise the use of any Common Area or Limited Common Area during the rental term, but the Owner shall retain the right to vote in the affairs of the Regime.

(3) In the event of violation of the provisions of the Master Deed, or the Bylaws, or the Rules of Conduct or the Tenant Policies by a Tenant, the Board shall give notice of the violation to both the Owner and the Tenant with a reasonable right to cure the violation (unless there is an emergency requiring a shorter time to cure). Should the violation not be cured, the Owner shall be deemed to appoint the Board as an Attorney In Fact with the option to consider the Lease to be breached and to institute an eviction action against the Tenant. In the event the Board should incur any expense in the enforcement of a Tenant violation, the costs of such shall be assessed against the Owner.

(4) Only all of a Unit can be rented to a single Tenant.

(5) No time interval ownership or time interval rental relationship (i.e., there shall be no timesharing) of any kind shall be allowed on the Property.

(6) A copy of all written leases shall be deposited by the Owner with the Board within ten (10) days of their execution.

(7) The Board shall have the authority to adopt written Policies for the rental of the Units and for the conduct of the Tenants who occupy them.

DonnaS (Tennessee)
Posts: 5,671
Posted:

How'd we get on renters?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Kirk posted about House sitters (OP) and state many House sitters are really renters staying in units at reduced rate.

I posted that any time a renter or anyone else occupies a unit, for free or for fee, allo have to be classed as renters according to my documents. Mary posted she can't see how that is possible. I posted our documents. Donna then wants to know why we are on subject of renters.
KirkW1 (Texas)
Posts: 1,665
Posted:
Wow, I only meant to get some thinking going on not to throw a major wrench into the machinery. But seriously, there are differences in house sitting situations. There is the house sitter who perhaps feeds animals and waters plants for a weekend to a couple weeks. Then there are house sitters that stay for several months or more. I have known a person who actually had a full year house sitting lease in which she paid a very reduced rate knowing that the family was planning to come back in a year and could come back with only a short notice.

In my neighborhood there is no need to consider the issue. But we only have clues as to who rents and who is living there. The association exists to ensure people keep their houses up and mow the front entrance.

If it was an issue, then I would personally be inclined to allow a longer term house sitter to access amenities if said person signed a copy regarding the rules of use. (No I wouldn't give them a full copy of the documents as that would just be overkill.) I might include such things as that the grass must be kept up and such though.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Kirk,

I think in most instances a "house sitter" is a guest of the owner and recieves no remuneration for it. Otherwise, it's called "sub-letting", which may or may not be against the rules of the assn.
GlenL (Ohio)
Posts: 5,491
Posted:
And then in our area we have house sitters who are actually employees of realty companies and who live in vacant properties while they're on the market for reduced rentals. The idea being that an occupied home will garner a higher price over an empty one and prevent vandalism.

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

Glen

I just saw that on the news. Boy, what a good gig and I wish that I had thought of that before this guy did. These people that live in the houses just drag along a few suitcases and nescessary items to survive. The only problem is that they can be there for a week or a year and try keeping the post office ahead on that one. Whew!
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By RobertR1 on 01/16/2009 6:25 AM

Section 6. Rentals. Units may be rented provided the occupancy is only by the Tenant and their immediate family. The following provisions will apply to the renting of Units:

(1) The use of a Unit by anyone not the Owner for any time period shall be deemed to be a rental of the Unit whether it be for monetary consideration, or other consideration, or for free.

Does this mean that a handicapped owner is not allowed to hire a personal care assistant to live in the unit and provide necessary care? I would seriously doubt that such an exclusion would pass muster with the Americans with Disabilities Act.

What about a live-in housekeeper/maid/butler?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GeorgerwilliamsW on 01/17/2009 8:45 AM
Posted By RobertR1 on 01/16/2009 6:25 AM

Section 6. Rentals. Units may be rented provided the occupancy is only by the Tenant and their immediate family. The following provisions will apply to the renting of Units:

(1) The use of a Unit by anyone not the Owner for any time period shall be deemed to be a rental of the Unit whether it be for monetary consideration, or other consideration, or for free.

Does this mean that a handicapped owner is not allowed to hire a personal care assistant to live in the unit and provide necessary care? I would seriously doubt that such an exclusion would pass muster with the Americans with Disabilities Act.

What about a live-in housekeeper/maid/butler?

0.0

. . . I just got whiplash. . . .
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
I am not defending any of it, especially the owrds, but clearly, to me, the itent in part is to try and find out who is living or staying in the units. I think insurance would be a consideration, I think in the case of emergency, fire comes to mind, the search for occupants might be a concern. Don't lose site this is a condominium that has a rental program (I don't like it, but that is another story.)

Regard help for handicaped or disabled, I have a payroll of five different folks that come in and provide care. I know who is working here and when, when they are here, most of the time the patient is here. I would not object to providing all these occupants names or whatever to conform to a Regime Law. I have to arrange for each one to have a gate pass to get on the island through the POA. If there is a double double discount motel that charges $5.00 a night I bet they require registration. Our owners that rent do not provide, names, dates, numbers or any other information to the administration, and the Boards refuse to enforce the documents
What have I missed that has raised the question about the disabilities act. In our document we have agreed to provide accomodations for the handicaped in the common areas. Are you suggesting that all owners that rent condos are required to provide handicap services because the common areas do provide these services.
I will have to give that some thought. On consideration, I doubt all the owner rental properties in resort ares worry much about reporting income. Another point, if a owner(unit) that rents inside (The corporation of the HO), of what is also a business corporation , is the owner that rents (does a business), subject to business taxes and all the restrictions and laws of the mother organization.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Might be some business opportunities here and then you can buy Trinadad. I understand from a Newpapers article that some Social Services Private Concerns are moving some Homeless into Mioami condo high rises because no one is around to keep them out. And once you get them in, you can'[t get them out. Mght be some change to pick up by offering this Social Agency a contract to provide things like, ice, water, candles, Spot a pots, Tennis Ball and Rackets for rent, maybe contract your own pool service.

Better look into this Donna.
EllenS1 (Florida)
Posts: 1,148
Posted:
Mary Ann,

I have had a pet sitter on and off for a couple of weeks for which she was paid. I never considered her a sub-letter. Neither did my dog..LOL
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
Did she stay in the house full time while you were gone? That is the only way to be kind to our pets but I can see some of those crazy Boards wondering what the heck.
EllenS1 (Florida)
Posts: 1,148
Posted:
GVeorge,

You make several good points. What about an adult child who is in between places and stays with you? Rules exist for a very good reason but at times are just too restrictive on our freedoms as homeowners.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ellen,

It's Mary!

There are so many different reasons to have a "house sitter" that have come up -- I think I'm getting Michele's whiplash! LOL
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

She stayed there full time except when she worked during the day. My dog was getting on in years and had never been boarded. It was a win win situation. She enjoyed living on the water for two weeks and he was gaga over her. She even left me a little note letting me know when they went for walks, etc. So count me crazy.

As an aside, Toni, my dog, was the first animal to be able to live there (a small condo)and the board took a vote and allowed it. I'm sure they thought he was a little fluffy thing but were surprised when I showed up with a 70 pound mix. They all fell in love with him and what sticks in my mind is an 80 year old gentleman who said many times. "He's a good dog, isn't he..he never barks."
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen, and all,
See? There can be a happy condo story and Kudos to Ellen.

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