If your HOA or COA allows either short-term or long-term rentals, you will have to deal with a number of situations that other HOAs/COAs won’t. One of the issues your board will face is whether they want to issue a rental cap on properties within their community. Read the entire article……………………………….
Restricting Rentals: Does it Make Sense for Your Association? (IL)
The answer to this question is nearly always a matter of debate because of the conflict of interest between owner-occupiers and investors. There are owners who think they should be able to manage their unit as they please, but their decision to rent their condo, and to whom, affects the rest of the building. Read […]
HOA Homefront: How can we cap rentals in our community? (CA)
Q: Does Section 4741’s approval of rental caps as low as 25% of the HOA mean a community such as ours can disallow rentals above that percentage? We are a small community with surging rentals, creating automobile congestion on our streets. Read the Q&A………………………………………..
HOA Lessons Learned – Case 3 Lease Agreement
As nightly rentals and short-term leasing accelerate in community associations, HOA boards have been challenged to both meet the desires of their individual members while balancing the wishes and interests of their wider communities. It is not uncommon for new, tighter leasing restrictions to be added to an HOA’s governing documents, but when these documents […]
HOA Homefront – Reader Questions on rental issues (CA)
Q: I have a home that I rent. Last week I received a traffic notice stating my HOA account was levied a fine of $100 for speeding, committed by my tenant’s caregiver. Is it lawful for a HOA to be able to fine an absentee owner for behavior of a guest not known to owner? […]
HOA Homefront – Reader Questions on rental issues (CA)
Q: I have a home that I rent. Last week I received a traffic notice stating my HOA account was levied a fine of $100 for speeding, committed by my tenant’s caregiver. Is it lawful for a HOA to be able to fine an absentee owner for behavior of a guest not known to owner? […]
Community association may review financial information when approving tenants (FL)
I am on the board of a condominium association. We recently denied a rental applicant based on his misrepresentations, lack of transparency and generally disingenuous application. We were careful to follow the guidelines of the Fair Housing Act and local ordinances. Read the Q&A………………………………
2019 NY Rent Law Impacts Condo & Co-op Sector: Subletters Take Note! (NY)
When the State of New York passed the Housing Stability and Tenant Protection Act (HSTPA) in June 2019, legislators may not have envisioned that the law would have repercussions for co-op and condo owners – but in fact it did just that. That’s because from a legal point of view, co-ops are very much like […]
Condo World: Association rental programs can be restrictive (NH)
Most of the columns that I have written over the past six years have been relevant to most condominium associations, such as the problems with ice dams, how to hire contractors, how to handle noise complaints and the powers and authorities of boards of directors. This is not one of those columns. Read the article……………………………..
New California Law has huge impact on HOA Rental Restrictions
Despite fierce opposition, including over 5,000 constituents personally expressing opposition to the bill, California Governor Newsom signed Assembly Bill 3182 into law on September 29, 2020. It creates a new Civil Code Section 4741 which voids rental limits below 25% of the members. Per Civil Code 4741, a condominium or stock cooperative association may not […]
Can one section ban rentals? (FL)
Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? Read the Q&A………………………………..
California Clears the Path for Rentals in Residential Common Interest Developments
Consistent with California’s trend of removing barriers to affordable housing, Assembly Bill 3182, which goes into effect on Jan. 1, further limits the ability of residential common interest developments to restrict rentals in their communities. Read the article……………………………
HOA Homefront: Can boards ban all tenants with criminal backgrounds? (CA)
Q: Apparently my HOA made a change in the CC&Rs. The HOA requires any prospective tenants must be approved by the board, and no applicant who has a criminal record will be approved. The amendment says nothing about buyers of any of the units. Can they make these demands for just rental units and not […]
HOA Homefront: Can tenants speak at meetings? (CA)
Q: Our HOA board has consistently said they are having meetings to do emergency actions. I know that they talk on the telephone, decide what to say and never send out meeting minutes. They have decided to keep our gym closed. Can they close an amenity and keep it closed long past state and local […]
Rent Is Not the Same as HOA Assessments
For most people, a price is paid every month to maintain shelter whether for a house or an apartment. Some people pay rent for a residence and some people live in community associations (condos or HOAs). You either pay a landlord rent, or you pay the costs for owning your property (mortgage, maintenance fees, taxes, […]
Things To Consider Before Renting In A Community Association (NC)
If you own a home in a homeowner’s association or condominium owner’s association and are thinking about renting it out, you probably know that there are several factors to consider before you ever take the first steps in looking for a tenant. Understanding your responsibilities and obligations will not only make the leasing experience more […]
Condominium amendments limiting leasing may not apply to owners who do not consent (FL)
Q: Read the Q&A…………………………..Our condominium association is proposing to change rental rules that will alter our entire reason for moving here. We’re snowbirds, and we bought here understanding we could rent the unit while we weren’t using it during the offseason. The current rule basically allows for a minimum six-month lease after one year of […]
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 some practical problems for the board or Manager in communicating with tenants since there is […]
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 some practical problems for the board or Manager in communicating with tenants since there is […]
How to Handle Troublesome Tenants
A recent tragedy in Las Vegas where an 11-year old girl was shot and killed in her home while eating dinner by suspected gang members raises many questions about a homeowners association’s authority over its residents. Turns out, the shooters targeted the wrong house; they meant to target the one next door. The home was […]
New Law May Help Oceanside Landlord Renting to Marines Amidst Homeowners Association Fines (CA)
A man whose homeowner’s association has been fining him for renting out his properties to military service members said a new law will protect his tenants. Ron Zurawski owns two large homes in the Arrowood housing subdivision in Oceanside, less than one-quarter mile from Camp Pendleton. Read the article…………………………
New Canaan Man’s Company Sues Heritage Hill Road Condo Association (CT)
During a secret meeting last month, the board of a condo association in New Canaan adopted overly restrictive leasing rules in a way that violates state law as well as the organization’s own governing documents, according to a new lawsuit. Read the article………………………….
What can be done about tenant who consistently breaks rules of HOA? (FL)
Q: We have a tenant in our homeowners association (HOA) that consistently breaks the rules. The landlord is indifferent because he is receiving rent, but the neighbors are very frustrated. What can we do? Read the Q&A……………………………
Co-op and Condo Boards’ Fiduciary Duty Is to All Residents (NY)
Subletting is an attractive option, particularly in condos, so how can it get out of hand? It’s the board’s financial responsibility not to saturate the building with sublets. Once the building hits a certain level, lenders will not lend in that property. If it goes over 50 percent, Fannie Mae and Freddie Mac for sure […]
Rental Restrictions in an HOA Community
Although a person owns their home and can do (more or less) what they want with the inside, if they live in an HOA, the association can actually place limits on the homeowner’s ability to rent their home. Though it may seem that such limits are restrictive, they actually serve to protect the integrity of […]
Political battle ignites between Tennessee homeowner associations, absentee corporate landlords (TN)
The political battle between Tennessee homeowner associations and absentee corporate landlords over long-term rentals reignited this month in a state legislative panel. At issue are efforts by some HOAs — nonprofit organizations in subdivisions and planned communities that set and enforce rules for properties and residents — to alter rules involving large corporations buying homes […]
Housing providers may be prohibited from rejecting renters on basis of arrest record (FL)
I’m writing to you today because of a recent denial I received from a condominium association. Upon going through the process of having my background checked for a rental application, one of my credit reports turned up four evictions. The evictions and the address that the evictions were tied to did not belong to me. […]
Rental Restrictions
Since the housing crisis of 2008, Wall Street real estate investment companies have purchased a huge inventory of homes, typically through foreclosure, that were left abandoned by homeowners unable to pay their mortgages. According to a CoreLogic Special Report released in 2018, the share of home sales bought by investors reached its highest level in […]
Second NYC condo owner busted for dividing apartment illegally
The Lower East Side condo owner who cut his apartment in half horizontally to rent bizarre pint-sized units to 11 desperate tenants wasn’t the only enterprising landlord in his building. The city Buildings Department issued 10 violations to Jing Ya Lin, the owner of unit 701 at 165 Henry Street, after a tip from the […]
Grandfathered rentals in HOA protected by law (NV)
Q: I’m a landlord in Las Vegas with a few properties that are all in homeowners associations. They are all gated communities. I have three houses in a single HOA and live in one and rent the other two. I have noticed recently a faction of resident owners participating in the online message board nextdoor.com, […]
Avoid Condominium Common Element Wear And Tear By Restricting Owner And Tenant Dual Usage (FL)
At Florida condominiums, excessive wear and tear on the common elements may expedite their useful life and precipitate costly repairs and maintenance. This problem may be exacerbated at larger condominium associations when both tenants and owners are using the common elements. A condominium association can mitigate these deleterious effects by restricting dual usage of the […]
Soldier Can’t Rent His Condo (FL)
Sgt. Kyle Makin, U.S. Army: “I just want permission to be able to rent my property.” Their condo documents say an owner has to wait two years to rent their unit unless there is a hardship. Kyle thought being transferred by the Army would qualify for that. Denisa Makin: “We wrote a letter to the […]
Court affirms homeowners association’s right to restrict leasing (GA)
Fard Pasha filed suit against the Battle Creek Homeowners Association, Inc. (the “Association”), seeking a declaratory judgment that an amendment to the Association’s “Declaration”—which restricted the ability of the neighborhood’s homeowners to lease their property—was unenforceable as to him. Read the decision…………………..
Laguna Woods Village condo board takes steps to close lease policy loopholes (CA)
Laguna Woods Village’s Third Mutual board has unanimously approved a resolution that aims to close four loopholes within the housing association’s lease authorization policy. Last year, the board of directors became aware of a policy provision being exploited by residents and tenants in four ways, according to a Village Management Services staff report. Read the […]
Tenants Rights in California Condo Association
The word “condominium” denotes a form of ownership in which unit owners share ownership of common areas such as roads and recreation facilities. Condo buyers automatically become members of homeowners associations that establish bylaws and rules detailing the members’ responsibilities and rights. State statutes and governing documents of homeowners associations spell out an owner’s rights […]
“Adopting Short Term Rental Restrictions,” (FL)
Q: My homeowners association is struggling with short term rentals in our community as many owners are using online providers to rent their homes for very short periods of time (sometimes nightly). It is my understanding that the board for a homeowners association can set any non-discriminatory rental policy it wants, including minimum and maximum […]
Kass: Lease Restrictions and Obtaining the 2/3 Majority Vote
Quesiton: I am the president of a 230-unit condominium. Our Board has imposed a 13% restriction on the number of leased units in the building; our declaration is silent on that subject, offering only a restriction on the number of times a unit can be leased in a 12-month period. The number of leased units […]
Improving Your HOA Experience with Renters: Welcome, Inform, and Include
Moving to a new home is often a stressful experience. Learning to meet new people, and in the case of an HOA, learning new rules can easily overwhelm anyone. When the new neighbor is renting, welcoming them is just as important as if they had purchased the home. Renters can become invested members of an […]
What Every Condominium Association Needs to Know About Security Deposits
Lately Eisinger, Brown, Lewis, Frankel & Chaiet, P.A has had to resolve many disputes relating to security deposits collected by our Condominium Associations from tenants who rent from individual unit owners. It is standard procedure for many Associations, if the authority to do so appears in their declaration or bylaws, to require a security deposit […]
HOA Landlord Rules
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 members. This disconnect creates some practical problems for the board or manager in communicating with tenants since there is […]
Leasing in a Community Association (NC)
Maybe you bought your property as an investment. Perhaps your circumstances in life have changed, and you now need to downsize – or go bigger. Or your job could be relocating you across the country. Whatever the reason for wanting to lease your home or condominium, if you live in a community association, it might […]
Rental Violations Can Be Frustrating (FL)
Q: Our condominium has a three month minimum rental term. However, there seem to be people coming and going all the time, often bringing suitcases like they are checking into a hotel. I know of at least one case where during conversation with a “guest” at the swimming pool, they commented on what a good […]
Help! We have a tenant in our association who is not following the association’s rules. What are our legal remedies? (AZ)
In my opinion, the best way to get a tenant to comply with the association’s documents is to aggressively pursue the owner for the tenant’s violations. Most association documents state that a landlord/owner is responsible for the behavior of their tenants and guests. Once the landlord/owner figures out that the tenant is starting to cost […]
Denver goes after landlord for tenant’s marijuana grow (CO)
Albert Monson is a firefighter for the U.S. Department of Defense. He lives in Bahrain, a tiny Arab country next to Saudia Arabia, where he puts out oil well fires. But he owns a condo in Denver and the city attorney’s office wants him to pay up for the crimes of a tenant he never […]
Changes to Leasing Restrictions May Not Apply to All Owners
Q: Recently there was a discussion in my condominium association about amending our declaration to increase the minimum lease term from 30 days to 6 months. Many of our owners are in favor of this change, but we have been told it would not apply to current unit owners and would only apply to future […]
Renting in an HOA? Understand the Responsibilities of You and Your Landlord
Every day, more people decide to rent property from within homeowners associations. Leasing units can earn a nice profit for landlords, but this business venture comes with risks for renters. If property owners belong to a Homeowners’ Association, tenants may face unexpected issues. Some renters unknowingly break the HOA’s regulations and regulations. Others tenants learn […]
What to do about Nightmare Renters (UT)
Oftentimes HOAs feel as though their hands are tied when dealing with problem renters. All one needs to do is a simple Google Search to see a litany of ugly situations. Luckily, HOAs have a variety of remedies that can be pursued to ensure that association rules are being followed by everyone, including renters. Read […]
HOA Homefront: Readers ask about limiting rentals in the homeowners association (CA)
Q: Our board and management do a great job of overall maintenance and landscaping of the complex. Rental units have become a consistent problem to the quality of life in our community. At a recent homeowners association meeting our board and property manager refused to reveal how many units are rentals. Read the Q&A……………
Are HOA Owners “Grandfathered” In from New Rental Restrictions? (FL)
The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit […]
Oceanside homeowner says HOA wants him to evict his Marine tenants (CA)
When Ron Zurawski purchased his six-bedroom, six-bath Oceanside home in 2005, he said he did so for one purpose — to rent rooms to Marines. The home, located in the Arrowood community just outside the San Luis Rey gate to Camp Pendleton, was yet to be built. Zurawski, an unmarried Navy veteran with no kids, […]