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SusanB16 (Illinois)
Posts: 7
Posted:
I am the president of a 6 unit association. Until last June, one unit was being used as a rental by its owner. Not a "normal" rental, however,--he was renting rooms out on a month to month basis to students (we are near a major university) and had walled up the dining room to create two more rooms. At one point, there were 7 people living in the 3 bedroom, 2 bath unit. We wrote and voted on rules and regulations that explicitly forbade this kind of rooming house arrangement and limited occupancy to no more than 3 adults. We also required one year leases. In September, the owner presented me with a one-year lease with the name of three women. It soon became clear, however, that this was a bogus lease. One of the tenants presented me with her real lease: a handwritten document that explicitly states that she is renting a specific room on a month to month basis.

What is the best way to pursue this? I've made a copy of the real lease. Should I speak with the owner, or just turn the matter over to our lawyer? In a small association like ours, friction is very difficult to deal with.
AnnaD2 (Florida)
Posts: 960
Posted:
Yup, Susan, if I were in your shoes I'd go straight to the lawyer for compliance. If your documents are specific about restricting action such as this I'd let the lawyer handle it. There is no reason for you to personally get into a confrontation with this violator....not safe.

They may also be violating zoning laws so let your attorney handle it.
GlenL (Ohio)
Posts: 5,491
Posted:
I would call the Health Dept. & Zoning Board; there are limits to how many unrelated people can live per sq ft of space. Also in Ohio everyone who rents their property is required to register with the County Recorder, you might see if IL has something similar. This is in addition to your normal violation procedures.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan,

I agree with the other's thoughts on this. This member is not concerned with following the rules and has done everything in his/her power to thwart them so you really owe no common courtesy to him. Go straight to your attorney and start legal proceedings against him for violating the gov. docs. Like OH, where I live in AZ, the co prop tax authority must be informed if your property is being rented and the city in which I live also requires a business license. Check these things out and if the same applies in your co/city then also report this prop. owner to the proper authorities.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Same here in Kentucky.

One cannot convert spaces like dining rooms into bedrooms in Kentucky.

Also, boarding homes are restricted by city/county zoning laws in certain areas. Our development is one of those areas.

We had a homeowner turn a resident into the local zoning compliance board here in our development (we found out about it after the fact), and the zoning board discovered there were two families in the home.

They, too, had converted the dining room space into a bedroom for 3 kids.

We (the HOA board) didn't even have to get involved. The second family was evicted before we even knew they were there!

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