hoa, renting and waiting lists (real estate, sublets, foreclosure)

[anthonybb]

hello. i am new here, but i am hoping that someone can point me in the right direction. ive searched these forums and the internet but i am unable to find anything about my specific question without having to pay a supposed lawyer for it.

anyway. our hoa says that there is a waiting list of owners that want to rent their places in our community. when i asked for a copy, the how told me that i could not have one and that it is an internal document.

is this true?

thanks for any advice/help in advance...

tony

[ATLTJL]

You are a member of your HOA and if you are current on your dues, you should be entitled to HOA documents.

If I were you, I would write a letter requesting the document and have it sent to the HOA via certified mail. Also send it to the HOA's management company, if it uses one.

If they are still resistant, you may have to pay a lawyer for an hour of time to have a legal request drafted.

[ATL Golfer]

I would think they should give it to you.

I own several condos and deal with HOAs constantly. They are, for the most part, extremely annoying to deal with.

One of the condos I am leasing and the lease is up in Sept without the option to renew based on HOA rules. The tenant wants to stay within the property and just transfer units. I asked for the list so that she may contact the people next on the list and our HOA Manager would not give it to me. I'm not exactly sure why that would be top secret info.

[Mishap]

Originally Posted by ATL Golfer

I would think they should give it to you.

I own several condos and deal with HOAs constantly. They are, for the most part, extremely annoying to deal with.

One of the condos I am leasing and the lease is up in Sept without the option to renew based on HOA rules. The tenant wants to stay within the property and just transfer units. I asked for the list so that she may contact the people next on the list and our HOA Manager would not give it to me. I'm not exactly sure why that would be top secret info.

Knowledge is power. The power to manipulate the list has major financial implications for those who have control. You can basically pick who wins/loses in the rental game (basically yourself or your close associates).

Personally, I think a bit of transparency would be nice but that's almost never the case w/ these kinds of situations. People are always power tripping over something and that even extends to HOAs in SFHs. Give someone the power to leverage fines and suddenly they're Caesar himself. If I had a say, it'd be a big billboard by the mailboxes w/ permit expiration dates listed. It'd reduce illegal sublets and let you know who your neighbors are and your odds of actually renting your condo if you need to move.

[anthonybb]

thanks for all the replies. i think yall are right about the power. this is a management company that we deal with. so i am not sure what kind of law may be in place that entitles owners to that list. i agree that everyone should have a copy so they know where the rental situation stands and where they are on the list. the way they are treating this, all they have to do is constantly tell me that there are still 6 on the list and theoretically i could never be able to leave.

the main reason i am looking into this, is because a foreclosure sold and i met the owner. she said she is going to rent it. when i brought this up with the hoa they did not have any info on this. and if this owner can come in here and circumvent all the other current owners, there is going to be a serious problem.

i do know that we have a hardship clause in our agreement. i am really leaning in that direction. i can just tell them that my wife is being transferred and voila, next month we are living in a real neighborhood.

i guess we will see what happens.

tony

[anthonybb]

Originally Posted by ATLTJL

You are a member of your HOA and if you are current on your dues, you should be entitled to HOA documents.

If I were you, I would write a letter requesting the document and have it sent to the HOA via certified mail. Also send it to the HOA's management company, if it uses one.

If they are still resistant, you may have to pay a lawyer for an hour of time to have a legal request drafted.

this is a good idea. i need to find a real estate lawyer for some 'advice'. but im sure they would want to charge me for their time.

tony

[FlyingFox]

Go the hardship route and be as ambiguous as possible. I've seen it work, even for those not in a true hardship (more of an inconvenience). The bottom line is that HOAs want you to keep paying your dues. If you've always been in good standing, they will generally try to accommodate your request. My guess is that most will not be aggressive in trying to get you to "prove" you are truly in a hardship situation.

The reality is that tons of condos are being rented out "under the table" anyway. When everyone is "letting their cousin" live at their unit, HOAs know what's going on but they really can't do much about it. At least on the books, and for the purpose of being eligible for FHA loans, they have a rental cap with hardship exceptions. That's all they care about.

[anthonybb]

Originally Posted by FlyingFox

Go the hardship route and be as ambiguous as possible. I've seen it work, even for those not in a true hardship (more of an inconvenience). The bottom line is that HOAs want you to keep paying your dues. If you've always been in good standing, they will generally try to accommodate your request. My guess is that most will not be aggressive in trying to get you to "prove" you are truly in a hardship situation.

The reality is that tons of condos are being rented out "under the table" anyway. When everyone is "letting their cousin" live at their unit, HOAs know what's going on but they really can't do much about it. At least on the books, and for the purpose of being eligible for FHA loans, they have a rental cap with hardship exceptions. That's all they care about.

youre right. we have another condo in a larger community that is being rented 'under the table'. unfortunately we are in a townhouse in a very small community where everyone knows your business.

i didnt even think about the hoa giving push back. i guess as we go down this road we will see what happens and i will be ambiguous as you said.

we are also considering a rent-to-own option. there is no mention in the rules about that.

tony

[lorilove]

the main reason i am looking into this, is because a foreclosure sold and i met the owner. she said she is going to rent it. when i brought this up with the hoa they did not have any info on this. and if this owner can come in here and circumvent all the other current owners, there is going to be a serious problem.

What actions can the HOA take if an unit is rented without approval. It may be that the owner of this new unit has not properly done their homework and may have trouble in their future.

[anthonybb]

Originally Posted by lorilove

What actions can the HOA take if an unit is rented without approval. It may be that the owner of this new unit has not properly done their homework and may have trouble in their future.

the hoa can start fining the new owner and/or put a lien on the house.