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ThomasC11 (California)
Posts: 210
Posted:
All of our units/townhouses are 2 stories and have sliding doors off of the bedrooms in the back. The doors were originally installed so they lock from the inside only.

If the Association owns and maintains the sliding doors of each unit, does a homeowner have the right to add or alter the lock so that it can now be locked from the outside upon exiting. This alteration of Association property has allowed many residents to convert their downstairs into individual, self contained rental units, with the sliding door being used as a front door/main entrance.

Neighbors now have unwanted foot traffic moving behind their units where the bedrooms are. In my opinion, the sliding doors were not designed to be a main entrance by the simple fact that there was no original locking mechanism installed on the outside.

thanks for any help
GlenL (Ohio)
Posts: 5,491
Posted:
Thomas if the ACC or Board approved of the lock change then IMO it would be allowed. From your post I assume that the H/O is only renting out part of their unit; is that allowed in your CC&R’s? Most CC&R’s even for condo’s & townhouses describe them as single family residences and yes there is a difference between a landlord tenant relationship than between two unrelated persons cohabitating. Assuming from your post you want it to end; you could also check with your city / county Zoning Board. More than likely these types of units would have to be inspected and approved before they could be rented.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:

Of course Glen is more than right about altering common property (if this is the case). As described, it may even take an amendment to the Unit desription in the Master Deed to make these alterations, if approved.

However, how many units in this association? Are you all in good shape are are you struggling with problems and this is the "straw" that caused all this attention? I suspect this is the situation, things are going downhill from all kinds of degradation over time.

If so, or not for that matter, if you have either a zoning restriction as Glen is suggesting you run down, or some local ordinance, and we are betting you do, also check your documents for restrictions that would apply. There can be other considerations that would impact on this increased traffic, such as, occupancy requirements, parking, noise considerations for the neighborhood, increased demands on your amenities, or common areas. Most common areas are designed with an eye on how many people they will serve, you add more people, you add more demand.

If your association has a rental policy, and it don't work (obviously) then amend it to comply with your Governing Documents. If none, get a good strong one in place ASAP. If it turns out your association can do nothing about it, you can sure amend your documents. However, as you know, this thing may have gone too far down the road to change.
Better get with it...............I'm thinking.

It is assumed you do know California State Statutes.
ThomasC11 (California)
Posts: 210
Posted:
I checked with the City and they have no restrictions on one's ability to rent out part of their unit. However, the CCR's state that the units are "single family dwellings", which leads me to believe that one should not be able to rent out the lower half. The upstairs/downstairs are not completed divided by a constructed wall so there is access up and down.

Does the phrase single family dwelling help our case in matter?
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By ThomasC11 on 04/10/2010 10:24 AM
I checked with the City and they have no restrictions on one's ability to rent out part of their unit. However, the CCR's state that the units are "single family dwellings", which leads me to believe that one should not be able to rent out the lower half. The upstairs/downstairs are not completed divided by a constructed wall so there is access up and down.

Does the phrase single family dwelling help our case in matter?

I don’t know. The way I interpreted your post was that the renter only had access to the basement section with the door at the stairs leading to the first floor locked; in effect a separate apartment which is different from renting a room in a home. At least locally that would be verboten. The tenant would have to have more than one way out in case of fire and the separate apartment must be inspected and approved by the building inspector and the fire department to insure it met the code requirements, working smoke detectors, etc. Have you asked your BOD or MC if it is allowed? Does your community have a rental policy of some type?

Studies show that 5 out of 4 people have problems with fractions
ThomasC11 (California)
Posts: 210
Posted:
There is a door installed which leads upstairs. The BOD is always seems to be overwhelmed with other issues. I am planning on bringing it up at the next meeting.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Let's see if we can determine if this is an HOA or a condo of single family residences. If the later, I don't think the covenants would allow it nor would the Master deed provide for it and certainly the Board should be absolutely sure it is legal. I think they do because than can and get away with it. I would take great exception to this. Renting property, ok if controlled by Policy. Creating two residences out of one..........not ok. If this Board wants to push the enevelope charge each renter an assessment fee, that would royally screw thing up.
ThomasC11 (California)
Posts: 210
Posted:
"Let's see if we can determine if this is an HOA or a condo of single family residences."

Robert, I don't really know the difference between the 2. We have 2 story townhouse that are connected by a common wall. I as an owner take exception to a renter entering and exiting the area where I have my bedroom.

How would I tell the difference betweent the 2 interests you mentioned?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
ThomasC11,
Well I am glad you spoke the truth, that is commendable.

On
the left side of this page are a few links of contributors or sponsors of this cite. (CAN) has some excellent free information on their site. Root around there, it is a friendly site and contains tons of stuff. Search their Library, you will find out a lot of answers there about HOA, Condo and such.
You seem to think we should know what you are, but really, you have to tell us. But, you have got a long road to go before you will know enough to ask a question about your association. The best way to do this is to speak to one of your Board members and ask where you can find the governing documents of your association....all of them. Ask why you don't have a copy for one thing. You are an owner of a unit there, is that right?
There is just too much to know Thomas to put in an e-mail.

A quick method of sorting some of this out is to use Google and type in the question. Something like: difference between condo and HOA. There is more information on the net than any of us could read in a lifetime.

Good luick, you need to get involved with your community and I also suggest you read the contract you signed when you bought your property.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
The upstairs/downstairs are not completed divided by a constructed wall so there is access up and down.


Correct. If they rent out part of their unit and its still connected there is nothing you can do. Its still single family. Its all connected, and they are using it just like a family would, sharing kitchens, bathrooms, etc. Single family is an architectural term, it does not mean "one" family or even related. People are often confused by this.

Now if they blocked off the upstairs and put in a separate bathroom, kitchen, etc downstairs you could argue its illegal multi family unit. At that point you could turn them into to the city, the HOA need not get involved.
ThomasC11 (California)
Posts: 210
Posted:
Thanks Steve, that really does help. What about the fact that the door has been altered with the ability to lock upon exiting. Other units do not have this, making renters leave from the upstairs front door.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Steve,
With regard to the term "Single family Residence" and used as a term defined in the Master Deed of an HOA or condo, that term is not an Architectual term.............by definition.

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