Associations Need to Seek Ejectment Rather Than Eviction for Some “Tenants” (FL)

When the Condominium Act was amended several years ago to allow associations to demand and collect rent directly from the tenants of unit owners who were delinquent in the payment of their monthly fees, community associations thought it was an

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Limitations on Community Association Approval or Denial of Service Member Rental Applications (FL)

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of submission. Within that seven day period, the landlord or association must

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Condo Tenants: A Potential Asset

Question: We have been renting a condominium unit in a fairly large complex for the last several years, and our current plans are to stay here for several more years. For financial and other personal reasons, we do not want

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Owner Function: Addressing Tenant Issues

Another source of contention that is almost always avoidable deals with the actions of tenants. As an owner, you are generally responsible for the actions of your tenants within the association. If your tenant violates the association’s governing documents, you

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How to Avoid Being Responsible for Your Renters HOA Rules Violations

How many times have you been at an HOA board meeting and heard, “it’s the renters who don’t follow the HOA rules” or “our homeowner’s association assessments are increasing because the renters don’t care about our building and following the

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Oro Valley homeowners lose thousands of dollars in condo rental scheme (AZ)

She was a person that 30 condo owners trusted to rent out their condo as a vacation rental.  For a while things were good and the homeowners received their money, then something changed with Brenda Sue Cann.  Oro Valley Police

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Bonita Springs mother evicted despite paying full rent (FL)

Confusion over the ownership of a Bonita Springs condo led to the sudden eviction of the mother who had just given birth to premature twins.  Michelle Turner said U.S. marshals knocked on her door without warning to serve her an

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How to handle conflicts between condo owners and renters

Our three-unit condo building allows renters as long as the lease is for a term of at least one year. We bought a unit and then met the other two unit owners on the day we closed. We told them

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Kass: Condo Renters – a Potential Asset

Question. We have been renting a condominium unit in a fairly large complex for the last several years, and our current plans are to stay here for several more years. For financial and other personal reasons, we do not want

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Condo Conversations: Exploring the owner’s right to rent out a condo unit (VA)

After last month’s Condo Conversations, we received a reader question that provides the topic of our discussion this month. The issue is about the complex nature of renting a condo unit and clarifies a bit about the decision-making within the

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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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