Rent to own or Lease to own Rules and Regs

Started by MelV • 5 replies • 1319 views

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MelV (Colorado)
Posts: 1

Posted:

Hello, I just join this forum , and I am not sure if this has been asked, but here it go's
I'm on the board of directors for my HOA and we are having a problem desiding what is right, or legal can anyone help
There is a owner who has a rental, In our rules and regs it states renters are not allowed to have pets, the owner has now written to the board saying that the new tenants are leaseing to own ,and that they should be able to have pets. Do we the board now consider the renters as owners or do we enforce the pet rule as they were renters. any feed back would be great,

P.S. the Lease contract does state that the new tenant will purchase after one years time , when they can get finiancing.
Thanks
Mel

KirkW1 (Texas)
Posts: 1,665

Posted:

I would say you should change the rules and treat them like an owner for all items other then voting.

Then again, I am at a loss why you would prohibit pets for people leasing while allowing owners to have pets.

MaureenM1 (PA)
Posts: 344

Posted:

The reason you want to prohibit renters to own pets woud be if your development has a restriction on the size and amount of pets you can own.

My development only allows small dogs and cats. There is a list with specific breeds that is given to owners that they must sign. If you rent to someone who has a large dog (ie Lab) that would be against our pet restrictions in our ccr's. All owners in my development must sign the pet size restriction paper at closing.

BonnieE (Illinois)
Posts: 338

Posted:

Hi Maureen-

Our Rules/Regs apply to renters/lessees (and also to guests of owners) – there is a provision for this in our Rules/Regs. We require the owner leasing out the unit (landlord) to provide a copy of the Rules/Regs to the lessee. If there are complaints for alleged violations brought to the Board, the owner is contacted with a notice of complaint letter regarding the lessees. It is the owner’s responsibility to ensure their lessees come into/remain in compliance.

As for the pet restrictions, in our case, they would apply to all renters/lessees the same as to owners.

Hope this helps,
Bonnie

BonnieE (Illinois)
Posts: 338

Posted:

Oops! sorry...
Sorry - I meant to address my reply to Mel, the OP.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Mel,

IMO, this renter should not be regarded as an owner until such time as he legally is. However I would think "perhaps" an exception should be made regarding the pet rule but only if they already have a pet. Now, if the board decides to make this exception I hope they will consider the consequences should the deal fall through and this renter ends up not buying the residence. You've set a precedence in allowing an exception to the rule and must be prepared to repeat it again in the future.

But, I, too, am curious to know why the pet rules are different for renters.

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