Tom Kelly: Condo financing taking dead aim on renters

But the big question behind condo and alternative housing is financing. Will lenders bend their conservative outlook toward condos to support growth? In order to obtain financing, the percentage of owners in many buildings must equal 50 percent.  That’s what

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Rental Caps: The Good, The Bad and the Ugly

A rental cap is a mechanism put in place to limit the number or percentage of units which may be rented at any one time in a community. While not every community needs, wants, or should have a rental cap

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Sometimes Rentals Work FOR Associations

One of the topics that confound community associations and their boards is what to do about renters. Many times, the question is what can be done to limit them, prohibit them or somehow control them. The goals of a landlord

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Court Concludes Rental Restrictions are Reasonable (CA)

Recently, many residential common interest developments have experienced an influx in the number of short-term rentals within their community. This problem is exacerbated by the increased popularity of websites such as Airbnb and HomeAway. Although profitable, short-term rentals have a

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Communication to Renters: Why It Matters To Your Association

Does your board and management team communicate to the renters in your community? If no, why not? In communities where renters makeup a significant portion of the residents, they are often overlooked by the people running the community.  “I’ve never

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Company Helps Condos Crack Down On Illegal Renters (FL)

For as long as condo associations have existed there have been issues with parking, rentals and people breaking rules.  It is a constant struggle for property managers. That is until now. A software engineer may have stumbled upon a foolproof

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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)

The factors that limit the percentage of rented units out of total units in a condominium are complex.

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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

One such drawback of a lease and sale approval provision is a potential inability on the part of purchasers to obtain Federal Housing Administration (“FHA”) mortgage insurance on loans

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Being an Effective Investment Owner in a Condo Association

Investment Owners also should be engaged. After all, at the end of the day, your property is an investment – don’t neglect it

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

Harbor residents were emailed a survey recently and asked for input on two suggested alternatives, and board members reviewed the results at a meeting Tuesday

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

In the decade since the housing boom deflated into a bust, financial firms recognized an investment opportunity in hard-hit areas like this Orlando suburb.

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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

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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

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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

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

Dearborn, who says she’s lived in Somerset Gardens since 2004, lamented the fact that many residents who lost their belongings in the fire didn’t have either a renter’s or homeowners insurance policy that would cover those losses.

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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.

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

Although, many associations have a process for collecting information on leased units, it is not uncommon that the records may be incomplete or inaccurate for a variety of reasons

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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

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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

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Illinois Appellate Court Invalidates A Lease Restriction Imposed By Rule

a condominium does not have the authority to adopt rules that restrict leasing of units when the association’s declaration of condominium permits leasing

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Discrimination Against College Students Legal?

A South Carolina court upheld a condominium restriction prohibiting rentals to college students

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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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