💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JoanneD1 (Arizona)
Posts: 447
Posted:
I am a Board member & My HOA is currently in the process of amending our CC&R's that will prohibit the rental of any unit for 12 months after transfer of deed and also kicking up the rental terms from a minimum of 3 months, 2 times per year to a minimum of 6 months 2 times per year. We have gotten the legal opinion and of course all the legal ease & members are voting now.There a a ton of valid reasons to limit the number of rentals in a residential complex such as ours.Our complex is small and if we have 12 units, it will make it more difficult for any buyer doing a Freddie or Fannie backed mortgage, not to mention the effect on the appraisal & property values.Our values have dropped no less than 48% from their peak.We are on our 3rd foreclosure with another coming.We have a great potential to have 10 rentals.Long term owners have recently sold & negotiated prices that have created terrible comps yet these owners were able to have great profits, but those comps have killed our values.It is because the terrible market conditions in Arizona that our community has great appeal to investors who have no intention of living in the town homes.These proposals have caused a great uproar because a group of owners feel that we are limiting the buyer pool.They are correct in that we want a quality buyer who will not create another rental.Of interest is that the properties that were foreclosured on were properties that were NEVER offered for rent or for sale. The owners chose to walk.What happened is that the owners all had second mortagages that put them so far upside down that it didn't even make sense to do a short sale.The main complaint from the opposition is that it is better to have rentals than foreclosures.In the short term, I would say yes, but in the long term no!All the people that are doing "Strategic defaults" are now becoming renters and unless someone is planning on living in a home for several years, there is really no upside to buying property unless you can steal it.This is the catch 22 of the Arizona real estate market that we are experiencing.Any ideas to convince the no voters that this is the right thing to do for the times we are living in?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Any ideas to convince the no voters that this is the right thing to do for the times we are living in?


If I owned an HOA property that I was happily renting to someone and you said I couldn't rent it anymore, and comps were selling for less than what I owed on it, I would let the bank foreclose on it. It doesn't make any sense to own a rental property, that you cant rent and cant sell. As a financial decision, I would let the bank foreclose which would take about a year or two at current timelines.

Sooo.... if you want all your renters to move out, have empty units, then all the owners stop paying HOA dues for the next 2 years, and let the banks foreclose, go for it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
PS. The comps are a problem of your local market issues, not the renters. Its not something you can fix. The economy needs to improve.
JoanneD1 (Arizona)
Posts: 447
Posted:
Steve, Thank you for the input. We are discouraging rentals because in our HOA setting, they are not perceived as a good thing for property values. No arguement that the comps are horrid but someday they will improve,,,,maybe not in my lifetime, but the properties purchased for nothing other than rental income may never go away with the continuing potential to drag down the desirability of all other properties. In our HOA, our contract is with the owner, not the renter. If the owner decides he doesn't care about the property and that a renter is not complying with the rules etc, it is a horrible experience for the HOA. We had an owner who was in arrears to us and defaulted on his mortgage. Because we knew they pulled some stuff, the only thing that helped us get them out was a threat to report her to the AZ Board of Realtors.We had the police etc. Didn't help. Hopes this never happens to anyone else.
DanielH1 (California)
Posts: 482
Posted:
It seems clear that you can only hope to win the votes of homeowners who are long-term residents and on solid financial footing. Everybody who is in danger of foreclosure or who already rents their unit(s) or thinks that they might sell in the next 5 years or thinks that they may need to rent their unit out to support themselves are going to vote against rental restrictions. No argument is going to convince them because it goes against their own interest.

Your arguments are the right ones to convince homeowners who are long-term residents and on solid financial footing. You've hit the usual arguments well enough: loan requirements, quality of life, higher resale price for a well-maintained, owner-filled community than a poorly-maintained, renter-filled community.

But, considering the economy, the shaky finances/rental people might already outnumber the solid finances people.
JoanneD1 (Arizona)
Posts: 447
Posted:
Daniel, Thanks for your response.I tried to scan an article from the Monday Wall Street Journal and it talks about Section 8 Subsidized Tenants. Does the population know that banks that have foreclosures can put the "disadvantaged" into those vacant homes and the government......you and I....will pay up to 70% of the rent. Some of these rents are as much as $1700 per month. You must read the article to get the full impact.So now we have banks that can drag their feet about taking back these properties, but when they finally do, the can collect darn good rent on them.We aren' we all out of our minds yet?
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JoanneD1 on 08/03/2010 3:45 PM
Daniel, Thanks for your response.I tried to scan an article from the Monday Wall Street Journal and it talks about Section 8 Subsidized Tenants. Does the population know that banks that have foreclosures can put the "disadvantaged" into those vacant homes and the government......you and I....will pay up to 70% of the rent. Some of these rents are as much as $1700 per month. You must read the article to get the full impact.So now we have banks that can drag their feet about taking back these properties, but when they finally do, the can collect darn good rent on them.We aren' we all out of our minds yet?

Who knows some foreclosed owners could end up renting their former homes for less than their mortgage payment.

Studies show that 5 out of 4 people have problems with fractions
JoanneD1 (Arizona)
Posts: 447
Posted:
Is this not outrageous? What is really perplexing is where does this end? You have to read the article to get the scope what is going on. We have an owner who has lived in our HOA FREE for well over a year and has not paid his mortgage for the same length of time and NO income tax for even longer. I am not talking about a few bucks....I am talking a couple million in income tax liens and over $12000 to the HOA. There is NOTHING....NOTHING we can do.Until the bank takes the place back, we sit. The owner claims he is ill and also claims he has a letter from the government that he is not collectible.The bank cancelled the sheriff sale and we know nothing.Did he do a deed in liew of foreclosure? Why...the credit is so bad that there would be no point in that.Very strange times to say the least.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
What is really perplexing is where does this end?


Real estate crashed in the 1980's, and again in 2000's. It will come back, everything is a cycle. Buy low, sell high!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here