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MarciiaB (New Mexico)
Posts: 36
Posted:
We currently have 32 out of 64 units used as rentals. The HOA sent out a list of Rules specifically for those rental units. One of the rules requires a minimum 1 year lease and a signed copy of the lease. Do any other HOA's do this?
SureshD
Posts: 268
Posted:
What protection or benefit does that "buy" the community?
AnnaD2 (Florida)
Posts: 960
Posted:
Ours is a six-month lease requirement and a copy of the lease. The renters are "interviewed"...just like everyone else and given a copy of all of the association rules.

Are you saying that renters must follow additional rules---other than rules the owners must follow?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Marcia,

It appears that many HOAs are now requiring members who rent their properties to sign a rental agreement. It would not be uncommon for the agreement to include a requirement regarding the length of the rental. This is particularly pertinent for resort communities to prevent weekly or monthly rentals.

When you say the HOA sent a list of "rules" specifically for rentals, are you saying that the Board has specific rules that renters must abide by? If that is, in fact, what they are doing, they should check out the FHA website to make certain they are not in violation of any fair housing laws.
MarciiaB (New Mexico)
Posts: 36
Posted:
No, we don't have separate rules for the renters themselves, just the property owner. We've had instances where tenants were only here for 2 or 3 months and we had no idea who they were before they were gone. We've also had a convited sex offender living here and only found out after he left.
Here's what we have but we are currently trying to contact HUD regarding the limit on the number of unrelated persons we can allow.
1.The minimum lease period shall be 1 year.Written leases are required.If there are extenuating circumstances that require a tenant to leave prior to the end of the lease, the board must be contacted and advised.
2.No daily, nightly, weekly or month to month rentals will be allowed.
3.The landlord must provide the HOA with a signed copy of the lease agreement within 30 days of leasing.
4.The landlord must provide the tenants with copies of the following documents immediately upon leasing the unit.
Rules and Regulations, ARC change request form and a Registration form, which must be completed within 30 days of residency

5. A pet fee of $100.00 per pet (cat or dog) per tenant will be paid to the HOA by the owner of the unit in which the pet resides annually. This means that if the unit is leased twice in a one year period and both tenants have pets, the fee will be assessed twice.
6. The owner must notify the Board of Directors in writing within 5 days of the effective date of executing or renewing a lease or the termination of a lease.
7. All leases must restrict occupancy to no more than 2 unrelated persons, with a maximum occupancy of 6 persons, which is in accordance with the Rules and Regulations for all units in the development.
8. All tenants must abide by the Rules and Regulations. Any fines assessed due to tenant infractions are the responsibility of the Homeowner.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
It seems evident on this thread and many others on the subject that at some point the management has to test the waters, either with a new policy, or and amendment, Each and every association is different and each will have special requirements and most will be from different parts of the country.

Now MarciaB has reached a point they are ready to try and institute a new rental policy or are close to taken an action. From reading what she has posted, is it now time for them to fly this by their attorney. I am just suggesting that if change is to come about, some action has to be taken. Certainly a legal opinion is going to be necessary.....no doubt. But, generally locale means a great deal in regard to specifics, so maybe a good step now is to write this up and contact some similar associations in the area and see if there is any feedback. No point in trying to do something that your neighbor down the street is fighting something similar in the local courts. It is really too bad that all these closely grouped associations don'r have some mutual commerce. Seems to make sense, and other good stuff could be realized, such as dependable or undependable contractors, insurance agents. I suspect the real estate agents would not like this arrangement, nor would some lawyers.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Marcia,

Is the pet fee of $100 for each pet a rule for members as well? If not, I don't know that it can be legally enforced -- recommend checking with an attorney. Frankly, if it IS a rule for members, I for one, would be vehemently objecting to it! In fact, what is the reason for it? Since the HOA does not own the unit they have no reason to be concerned with wear and tear because of pets.
MarciiaB (New Mexico)
Posts: 36
Posted:
Yes the pet fee applies to all residents. Our issue with pets is the dog waste and is another reason we limit pets to 2. We have very little open space and have some backyards filled with dog waste as well as other common areas. It's not a rule because of damage to the unit, not our problem but the pet waste is.
MarciiaB (New Mexico)
Posts: 36
Posted:
Yes the pet fee applies to all residents. Our issue with pets is the dog waste and is another reason we limit pets to 2. We have very little open space and have some backyards filled with dog waste as well as other common areas. It's not a rule because of damage to the unit, not our problem but the pet waste is.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Marcia,

Do you live in a condo? What if a member has a bird; does he still have to pay the $100 pet fee? Is that a yearly fee? Frankly I think it's ludicrous!!
MarciiaB (New Mexico)
Posts: 36
Posted:
As I stated earlier, it's dogs and cats only and due to pet waste and damage to landscaping. The cost of installing pick up stations and bags easily equals the fee in one year. It's only fair that the owner of the pet pay for the items, rather than the homeowner's association.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Marcia,

You said: "It's only fair that the owner of the pet pay for the items, rather than the homeowner's association." If your community had a swimming pool would you also believe that only the members who use it should have to pay for the maint and upkeep? Frankly, you should realize that is not the way HOAs operate; everyone shares the expense of operating the HOA, whether it be providing doggie bag receptacles or maint to the swimming pool. What if I have an "indoor" cat or a dog that doesn't litter the common areas; do I still have to pay the fee? If this is the justification the board uses for charging the pet fee I can imagine there are many pet owners who aren't concerned about picking up after their pets; afterall, they're paying for the waste removal.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sam,

All of my Florida rental unit had some minimum time restriction on any lease. It protects the units from becoming turnstyle communities where owners might rent out weekly or monthly. Some cities have bed taxes--like Stuart, where any unit rented for more than 4 months is exempt from paying this tax.
SureshD
Posts: 268
Posted:
Well I guess for condos and maybe some HOAs near attractions (like Disney, or on the beach, golf courses, etc)that could be a problem but in most working class communities your not likely to have people renting out furnished homes for a week or month at a time.

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