Renters and Owners: How Are They Treated by Community Association Board Members

Stark & Stark Shareholder Christopher Florio recently joined Ray Dickey from AssociationHelpNow to discuss treatment of renters and owners as it applies to homeowner association board members, community managers, and management companies. They discuss board meetings, parking, and access to

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Condominium Leasing Restrictions’ Impact on FHA Home Loan Eligibility

Frequently, the governing documents of condominium associations contain limitations on the ability of owners to lease or sell their property, such as provisions requiring owners to obtain the Association’s approval before such leases or sales may take place. Although these

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Being an Effective Investment Owner in a Condo Association

Being an Owner in a Condo Association doesn’t necessarily mean you actually live in the property you own. While Owners who live in a Condo Association are more likely to feel the impacts of that Association, Investment Owners also should

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Harbor condos debate: To rent or not to rent? (KY)

Now, pressure is building at the scenic community – where about 300 people live in 158 units east of the East End Bridge tunnels – to possibly restrict or eliminate rentals, in the wake of complaints about too many rentals

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When the neighborhood is owned by billion-dollar companies (FL)

Many of the single-family homes in the Piedmont Park neighborhood of Apopka, Florida, used to be owned by families – the Vargases and the Townes, the Pierces and the Riddles. Now, they’re owned by Blackstone, American Homes 4 Rent and

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Becoming a Landlord in an HOA Community

Having a rental property can be a great way to add some supplementary income to your pocketbook. When that rental property is in a community with an HOA, it offers a lot of advantages for both you and your tenants,

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HOA bans homeowners renting to sex offenders, but is it legal? (TX)

A Fort Bend County neighborhood’s homeowners association has put a ban on any homeowner renting to a registered sex offender.  Lots of families with young children live in the Kingdom Heights neighborhood. The deed restrictions established by the HOA for

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(WA) Supreme Court Decides Bilanko – Upholds Rental Cap That Was Challenged Too Late

The Washington State Supreme Court has just issued its much anticipated ruling in Bilanko v. Barclay Court, dismissing a rental cap lawsuit an owner filed more than one year after the rental cap amendment had been recorded. This decision protects

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Taunton condo trustee: Many fire victims had no insurance for belongings

Kim Dearborn, trustee of the Somerset Gardens condo association, said roughly half the 10 units in the still-smoldering Pine House Building 3 were owner-occupied.  The other units, she said late Friday afternoon, were being rented to tenants by owners.  

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Community Association Rental Policies: New Law Provides Leniency for Servicemember Rental Applications (FL)

Community associations which have rental restrictions and policies that require association approval of prospective tenants should be cognizant of a new law that will go into effect this summer. Many association policies in this regard afford the association a fairly

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Not sure who is living in your community? How to get renters and leases under control in your community.

Over the past few years, there has been a major increase in renters in condos and HOAs, in part due to the surge of Real Estate Investment Trusts (REITS) and other investors buying in community associations.  Although, many associations have

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Association president lets rules go to the dogs

Q: The president of our association is renting out his unit. His renters have been fined several hundred dollars due to not picking up after their dogs. They have not paid anything in six months. Isn’t the owner of the

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Tenants Held Liable for Violation of Condo Smoking Rules

In a recent Ontario case, TSCC No. 2032 v. Boudair, tenants of a condominium unit were held responsible for their violation of the condominium corporation’s rules regarding smoking.   Read the article…………

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Board lacked authority to impose leasing restriction (IL)

The Illinois Appellate Court has invalidated a rule adopted by the board of a condominium that imposed a leasing restriction.  Stobe v. 842-848 West Bradley Place Condominium Association, decided by the First District of the Illinois Appellate Court on Feb.

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Illinois Appellate Court Invalidates A Lease Restriction Imposed By Rule

Decided by the First District of the Illinois Appellate Court on February 3, 2015, Strobe v. 842-848 West Bradley Place Condominium Association confirms the long-held position of KSN that the board of managers of a condominium does not have the

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Discrimination Against College Students Legal?

A South Carolina court upheld a condominium restriction prohibiting rentals to college students. The ruling of a South Carolina court in not binding in Washington, but it demonstrates how a Washington court may decide a similar issue.   Read the article……….

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Condo conflict heats up in Carlsbad (CA)

Residents of two La Costa condominium complexes are complaining that some owners of condos in their buildings are violating the city’s ban on short-term vacation rentals — and the city of Carlsbad is doing nothing to crack down on them.

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Oak Park (IL) woman says disability accommodation laws require association to let her rent her condo

A 94-year-old Oak Park woman has asked a federal judge to order the association that manages her condominium building to allow her to rent her condo temporarily to allow her to use the rental income to offset her medical expenses,

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Buffalo Junction (ID) HOA evicts tenants: Property managers seek answers

In late December the Buffalo Junction HOA board informed Wheeler and his roommate that they did not fit the required “single family” description for renting a unit in the neighborhood.  “Long-term leases/rentals are restricted to a single family and a

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Ask Eli: Impact of Condominium Rental Caps

Question: Will a rental cap in a condo building increase or decrease my property value?  Unless you live in a community that relies on a high percentage of FHA loans, a rental cap will decrease property value. However, some communities

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Driggs (ID) renters threatened with eviction

A Driggs resident’s lease isn’t up until this coming July, but that doesn’t mean the neighborhood homeowner association (HOA) isn’t trying to kick him out of his condo.  Bill Smith (the tenant’s name has been changed to protect his identity)

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Where Do We Stand on Rental Restrictions? (OH)

The law of rental restrictions is a mixed bag at present. Most attorneys who practice association law believe that to restrict leasing, the declaration of the condominium must be amended, but they cannot agree on the number of votes needed

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Families protest ‘unlivable’ conditions in Seattle (WA) condo building

Residents at Columbia City condos on Rainier Avenue took KOMO News on a tour of their units, showing mold growing on walls and windows. Window and door frames are also coated or so broken–they won’t even open.  They’re worried broken

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Get legal help limiting rentals amid condo units (NC)

Q. We live in a small patio home development (37 units) that has a homeowners’ association (HOA). Other than a statement that the homeowner is responsible for all requirements in our restrictive covenants, there is no statement in the restrictive

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How to enforce lease restrictions in a condo building

Q: I am president of my association for a nine-unit condominium building. We have a limit to the number of units that can be leased in the building. The approach is somewhat liberal in that we allow four of nine

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Dealing With Renters in Community Associations

Most individuals in community associations fall into one of three categories: – Owner/Occupants: motivated to maintain value and foster relationships – Investor Owners: motivated by financial benefit; less regard for the quality of the community – Renters: Often view community

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Get legal help limiting rentals amid condo units

Q. We live in a small patio home development (37 units) that has a homeowners’ association (HOA). Other than a statement that the homeowner is responsible for all requirements in our restrictive covenants, there is no statement in the restrictive

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Tenants’ rights in condominium communities

Our firm’s other community association attorneys and I are often asked by condominium association board members about the rights of tenants who are renting units in a condominium to use the common elements – as well as their ability to

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Renting and the Law: Condo owner concerned about rental limits (MN)

Q: For the past eight years I have been renting out my condominium. When I purchased my condo, there was no mention of not being able to rent it out in the future. I have a rental license with the

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New Idaho HOA Decision From Supreme Court

Although Idaho courts rely on principles of contract construction to interpret covenants, conditions, and restrictions, there are a few instances that highlight the unique nature of these equitable servitudes and covenants appurtenant to title. One such instance arises when the

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Does Your Homeowners Association Have a Clear Policy for Renters?

Do any owners in your homeowners association rent out their homes? What are the Association’s obligations to those renters? What are their rights in the Association? Can you control how many units in the HOA can be rented?    Read

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Miami Beach Condominium Reportedly Being Used As A Hotel

What wasn’t advertised on the internet rental ads – describing the apartment and property – were the two red warning flyers that are posted to the front door of Octagon Towers.  One was issued by the fire chief of Miami

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Court Upholds HOA’s Short-Term Rental Rules

A California Homeowner Association (HOA) adopted a rule that homeowners who rented out their homes could not do so for periods of less than seven days. Moreover, the HOA imposed an annual fee of $325 on owners who rent out

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Calling condo tenants ‘guests’ violates no-rentals policy

Q: I live in a 55-plus development that has a “no rentals” policy that has been in place since the mid-1990s. Yet some people have rented out their units.  Last year, after some owners complained, the board again voted against

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Too many renters are a bad sign in a condo complex

Back in the mid-1960s, when condominiums were born, they were meant to become an affordable housing alternative to traditional homes. Because of their low prices, many renters aspired for better quality living arrangements and bought a condo unit.     Read

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Know the pet rules before renting, says Bernie Winter

Anyone who has house hunted with a furry friend in tow knows that finding a pet-friendly rental in Edmonton can be a tricky task.  “There’s just a lot of factors, and it comes down to everything from allergies to damage

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Rental Restriction Pitfall: Hardship Exception

Associations that adopt rental restrictions as part of the Declaration have provisions that commonly contain language that includes a hardship exception. Most hardship exceptions allow for an owner to approach the board and ask for an exception to the rental

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Is Your Condo Rental Cap Legal & Enforceable? (WA)

An interesting ruling regarding rental restrictions at condominiums came up in September 2014 that Washington condo owners and potential buyers should be aware of.  In the case of Filmore LLLP vs. the Unit Owners Association of Centre Pointe Condominium, the

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Homeowner Association: $1.2 Million Fee Award Against Homeowners/Short Renting Landlords Affirmed On Appeal

This one is truly frightening and shows why fee shifting is a potential game changer in litigation.  Plaintiffs were condo owners who also engaged in short term renting, deciding to challenge enforcement of certain HOA regulations imposing fees for such

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The Importance of Educating Renters in Your Homeowners Association

If you have renters in your community, they are an important part of your homeowners association, and welcoming tenants could create a more positive environment. Having HOA board members take time to meet renters at community events, meetings, and social

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Listing agents may have provided condo keys to Craigslist rental scammers

Real estate agents may have unwittingly aided a Craigslist rental scam that swindled hundreds of thousands of dollars from would-be renters, by providing fraudsters who posed as buyer’s agents with keys to vacant condos that legitimate brokers had listed for

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I Really Don’t Like My Neighbor’s Tenants: Issues With The Use And Enforceability Of Rental Restrictions In Homeowners’ Associations

It is an all too common situation, especially in coastal communities, mountain retreats, and college towns: You bought a home in a planned community that has a homeowners’ association with thoughts of being able to enjoy a quiet, family-oriented neighborhood.

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HOAs: What you need to know about rentals

Q: Can the board limit the percentage of renters in a common interest development? If a certain percentage is reached, will that invalidate our senior citizen status?    Read more……..

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Condo associations restrict rentals for their own good

We received a lengthy comment regarding one of our recent columns relating to leasing restrictions in condominiums. We’ve abbreviated the letter as follows: Q: Rental restrictions really can decrease resale values and hurt individual owners who think they might never

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Ask Adam: Condos Limiting Rental Units

Q. My condo is considering a limit on the number of rentals in the building. We will basically have to get on a waiting list to rent out our condo if the max number of allowable rentals has been reached.

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Short-term Rentals Create Revenue for Owners but Upset their Neighbors and Perplex Association Boards

An owner in your condominium community has begun renting his unit to vacationers, who occupy it for short periods – a day or a few days ? at a time. The owner is delighted with this new source of income,

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Condos & HOAs must comply with Fair Credit Reporting Act

Does your condominium or homeowners association screen prospective purchasers or tenants? While not every association has the authority to approve transfers, many associations do and typically part of the investigation includes a background check. Background checks obtained from a Consumer

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The Real Problem behind Renter Prejudice in HOAs

Renter prejudice clumps all renters together and declares that they are not good neighbors. Many claim that since renters don’t own the home they don’t care about the neighborhood or the community as much as owners would. There may be

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HOA Tenant Tenets

One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its homeowners. This disconnect creates

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Squatters rent out foreclosed properties-today’s realities

Sun Sentinel reporter, Brett Clarkson, reported yesterday that a couple had been arrested for identifying foreclosed properties in Broward, Palm Beach, Miami-Dade and Martin counties, changing the locks on those properties and then passing themselves off as the property owners

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