Lease/Rental Controls

In our community, we are experiencing difficulty with Leasee/Rentors, in that more people than the unit can support are living in residence, there is also a question about legality of residents, ie. green cards? legal resident?. In order to try to control this situation, my Board is considering requiring those that rent their units to have proposed Leasor/Rentor applications, that must be submitted to the Board for approval. These forms would list 'all' residents, Green Card #'s, or proof of legal residency etc.
Has anyone heard of this type of Board Control being 1.) legal or 2.) successful 3.) has domcumentation to share
thanks,
Carole

Unless these provisions are already in your CC&Rs, the board alone cannot implement rental controls. This must be approved by whatever % of your homeowners that is required by your documents to change the CC&Rs. There should be city or county laws already in place to control the number of bodies allowed to live in a home. If you have documentation there are illegals living in your association, again there are proper authorities that can handle that situation.
Why on earth would your volunteer board want to become a rental approval agency on top of everything else they have to do? And who takes the responsibility if your "board approved" renter wrecks the owner's home? I would probably sue you then for your approvval and for taking away my right to control whom I can rent my property to.
If a rental is not in compliance with your existing CC&Rs, you already have the power and means to go after the owner of the property. Why aren't you pursuing that? Harold

CaroleC1,
I don’t have any good advice to give, but I have been reading alone. I do believe that this is an issue that needs to be addressed. I can definitely see where this could potentially be a safety, health, and just general welfare of these residents kind of problem.
I would have to agree with HaroldS. I too would think there would be proper authorities that could handle that particular situation as well. I live in a “single family” home community. I know of at least 26 rental properties in a community of 275. It's not all that bad but, It is enough! It’s the same thing here. We have illegal immigrates that will live at these homes. They generally have one of the most unkempt lawns in the sub-division. I know the property owner, is the one to be held accountable. He is supposed to inform and enforce the CC&Rs and by-laws to his renters. The majority of the landlords are out of town homeowners. They may have, someone to contact if they need a repair but they do not have a resources available to mow their lawn or edge their property, on a regular basis. It looks pretty run down. If it wasn’t for all the park cars and heavy amounts of traffic flow, the homes would look as if it was vacant. Their neighboring properties do not look like these homes do. They have too many cars to park in there own driveways, let alone in their garages. They park in the streets, across the sidewalks. These cars will park half in the driveway and half in the street on a daily basis.

Is your community roads privately owned or city owned? If you have an issue, like I do with parking then you could contact the city. It’s a health hazard. If an emergency vehicle needed to get down the road. It would be very difficult and would cost them valuable seconds, in the event of an emergency. This can be stopped. It just takes a long time.

Our BOD has contacted these “out of town landlord” They say they are complying as quickly as they can, but it is very difficult being so far away. I would like to start enforce fines on these property owners daily. He can then try to get the funds he is out, do to fines, from the renters or pay the fines himself. Either way, I believe it will change significantly.

We are in a little better shape than you, it sounds. Our CC&Rs does give the board the authority to enforce all the other rules and regulations they continue to break.

We are in the process of be converted to a POA (property owners association) I have been told that it is in writing that our community can only have x% of rental properties. I hoping this will help as well.
The responses you have gotten thus far have educated me as well, great post.

Good luck. I hope you get the information you so desperately seek.

Chuck W.