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Author	Topic: HOA & Rental Restrictions
Janis TUG Member Posts: 1205 From: Frederick, MD Wk 15 Royal Sands, Cancun Wk 51 Pelican, St. Maarten, Week 25 Lawrence Welk Villas , Escondido, CA Registered: Dec 2000	posted 06-01-2005 18:08 After the fact, I discovered that the home I bought in Florida is in a community whose HOA stipulates that the home can only be rented once in a 12 month period. Thus, since I rented from December - March, I can't rent to anyone else until the following December. Yikes! Mea culpa for not reading the docs carefully. Does anyone have experience with whether this type of restriction on renting is enforceable? I'm not looking to run a hotel - I am only interested in having long-term (2 month or longer) rentals. But with this restriction, my house sits empty for 8 months of the year when I could be making some income. Thanks for any advice... ------------------ Janis IP: Logged
jwa287 TUG Member Posts: 280 From: lyndhurst, ohio usa Registered: Jul 2003	posted 06-01-2005 18:32 My question is, what are the mechanisms the HOA uses to enforce this rule, and if you are caught, what if any penalties are potentially levied against you? If the possible penalty is not severe, then renting it out one more time this year may not be so bad. Then in 2006, you can attempt to find a long term renter. I know that sounds like you are flaunting the rule, but you have your financial situation to cover, and it may/may not be worth the risk. IP: Logged
KenK Moderator TUG Volunteer Posts: 4810 From: Nep.City, NJ/Hlwd,Fl Registered: Dec 2000	posted 06-01-2005 20:24 I'm sitting in our FL condo right now that allows no rentals to anyone at anytime. We also can't do a million other things....but are allowed to pay the maint every month. We once had one rental per year....but the renters must have been careless with the water in the bathrooms, and the people under them weren't too happy. We can, however, rent out a parking space or some boat footage. ------------------ Ken K PS: Win a week with your TUG Winning Review submission: Award Week PIX Please click the page numbers as they present different subjects IP: Logged
KenK Moderator TUG Volunteer Posts: 4810 From: Nep.City, NJ/Hlwd,Fl Registered: Dec 2000	posted 06-01-2005 20:25 PS fine can be $25.00 per day per person in unit. Must prove you warned owner. ------------------ Ken K PS: Win a week with your TUG Winning Review submission: Award Week PIX Please click the page numbers as they present different subjects IP: Logged
Janis TUG Member Posts: 1205 From: Frederick, MD Wk 15 Royal Sands, Cancun Wk 51 Pelican, St. Maarten, Week 25 Lawrence Welk Villas , Escondido, CA Registered: Dec 2000	posted 06-02-2005 13:37 I don't know how to find out what the penalty is without putting myself on the HOA radar screen. Any suggestions? ------------------ Janis IP: Logged
geekette Non Member Posts: 291 From: Registered: Sep 2004	posted 06-02-2005 13:41 can't you call anonymously? IP: Logged
jwa287 TUG Member Posts: 280 From: lyndhurst, ohio usa Registered: Jul 2003	posted 06-02-2005 13:58 What a shame. We live in a private, gated golf community just outside Hilton Head, and we have no restrictions for renting our property. In fact, we have renters in right now for one week. IP: Logged
Nancy TUG Member Posts: 593 From: Registered: Dec 2000	posted 06-02-2005 13:59 When we bought our condo in Florida, we purposefully didn't buy in one complex because they did not allow any rentals. Did you read documents before you bought? Did you sign that you agreed to abide by the rules? Florida has many deed restricted communities and I'd be real leery of trying to break the rules. JMHO Nancy (edited to correct spelling) [This message has been edited by Nancy (edited 06-02-2005).] IP: Logged
Dave M Administrator TUG Member Posts: 6823 From: Boston, MA Registered: Dec 2000	posted 06-02-2005 15:13 Yes, the rules are very likely enforceable. Such community HOA rules are promulgated so as to avoid turning the community into a "hotel" atmosphere with frequent short-stay tenants who might not care whether or not they respect the rules. That alone could create significant havoc. And a high short-term tenant ratio might well cause the community to lose its favorable rating with mortgage lenders. IP: Logged
Icarus TUG Member Posts: 1801 From: Makawao, Maui, HI Registered: Mar 2001	posted 06-02-2005 20:26 Any fines should be listed in the CC&Rs you were given prior to closing. -David ------------------ Visit our Kauai and Maui home page at http://www.flex.com/~dmk/tug/ IP: Logged
Mel TUG Member Posts: 1730 From: N Smithfield, RI - owner: Orange Lake Country Club, Kissimmee FL; Tropical Breeze Resort, Panama City FL Registered: Dec 2000	posted 06-03-2005 08:09 The other issue involved in this is mortgage rates. If more than I think 15% of the units are occupied by renters (long-term or short) mortgage rates can go up for everyone. ------------------ Melinda Towne Come visit my homepage IP: Logged
camachinist TUG Member Posts: 1616 From: Kerman, CA Registered: Feb 2004	posted 06-03-2005 08:21 quote: Originally posted by Janis: After the fact, I discovered that the home I bought in Florida is in a community whose HOA stipulates that the home can only be rented once in a 12 month period. Thus, since I rented from December - March, I can't rent to anyone else until the following December. Yikes! Mea culpa for not reading the docs carefully. Does anyone have experience with whether this type of restriction on renting is enforceable? I'm not looking to run a hotel - I am only interested in having long-term (2 month or longer) rentals. But with this restriction, my house sits empty for 8 months of the year when I could be making some income. Thanks for any advice... So, if you offer the home to "friends" for a few months, any issues? I've heard your generosity knows no bounds.... Pat IP: Logged
Janis TUG Member Posts: 1205 From: Frederick, MD Wk 15 Royal Sands, Cancun Wk 51 Pelican, St. Maarten, Week 25 Lawrence Welk Villas , Escondido, CA Registered: Dec 2000	posted 06-03-2005 10:40 quote: Originally posted by camachinist: So, if you offer the home to "friends" for a few months, any issues? I've heard your generosity knows no bounds.... Pat That gave me a chuckle! I'llhave to get started working on expanding my circle of friends.... ------------------ Janis IP: Logged
Steve Barr TUG Member Posts: 446 From: Raleigh, NC USA Registered: Jan 2001	posted 06-03-2005 11:12 And then these 'friends' could make a 'donation' to your children's education fund. Rental, what rental? Or, a 'relative' could stay there gratis. So what if they helped out on your car/mortgage/etc. payment? ------------------ Steve H. Barr Raleigh, NC Assorted summer Daytona and North Carolina beach weeks. It's o.k. if you disagree with me, I fully respect your right to be wrong. IP: Logged
Nancy TUG Member Posts: 593 From: Registered: Dec 2000	posted 06-03-2005 11:37 Although you advice about "friends" sounds good, in our association there is also a limited amount of time that you can have "visitors", and it is less than "renters". If an association is savy, they know all the ways people try to break the rules. Our condo is managed by a management company that manages many different condo associations and I'm sure they know all the ways. JMHO Nancy IP: Logged
Dave M Administrator TUG Member Posts: 6823 From: Boston, MA Registered: Dec 2000	posted 06-03-2005 12:23 What Nancy says is true of my condo HOA, too. As President of the HOA for 11 years, I often had the sad but necessary task of taking strong action - in court, if necessary - to enforce our rules against wayward owners. In our community, first reports to the board of directors of most violations of the type you mention have come from a neighbor. ("Isn't it against the rules to....?"). Legal counsel has advised us that once we become aware of a violation, we cannot ignore it or we risk making the CC&Rs - or at least the applicable parts - unenforceable. IP: Logged
Mel TUG Member Posts: 1730 From: N Smithfield, RI - owner: Orange Lake Country Club, Kissimmee FL; Tropical Breeze Resort, Panama City FL Registered: Dec 2000	posted 06-03-2005 14:00 Dave is correct. If they look the other way for a few owners, they reduce their own ability to enforce in the future. They could have an option of suspending the rules for an owner under certain circumstances, but that would require the appropriate vote, and they would want to avoid setting a precedent - or again, they would have to make the exception for all owners in a similar situation. We did not have rental restrictions when we owned a home governed by a community association, but we did have other restrictions. The houses were all duplexes, and our rules required the two sides to be of the same color. Problems started with someone replacing their siding with something sort of close, but not a real match, then someone with a complementary color (the old siding was an ugly color, but the new color actually looked nice with it). Because the HOA did nothing about that - not even a written warning or a request to remedy the situation (the HOA didn't have the money to press it in court), when someone replaced their side with the cheapest color he could find, the HOA was stuck. The two sides of the house looked terrible together, but it stayed that way. Covenants need to be written very carefully, and then enforced to th letter. Otherwise they are unenforceable and meaningless. Had the HOA at least voted to allow a variance for the complementary colors, or made a token effort to enforce the rules, they might have been able to fight the colors that obviously clashed. They could have forced that homeowner to redo his house again in a color similar to the other side, or pay to have the other side done to match. With this condo, they obviously want to avoid transient occupancy - if you want to lease your condo out for the year, they works with a once per year rental. Keep that in mind in the future - if you plan to keep the condo until you can retire, look for someone to lease a year at a time. ------------------ Melinda Towne Come visit my homepage IP: Logged
Janis TUG Member Posts: 1205 From: Frederick, MD Wk 15 Royal Sands, Cancun Wk 51 Pelican, St. Maarten, Week 25 Lawrence Welk Villas , Escondido, CA Registered: Dec 2000	posted 06-03-2005 19:43 Yeah, sounds like I'm out of luck. It's actually a single family home with a private screened in swimming pool on a golf course 15 minutes from the beach. I really don't want to rent it out for the whole year because I like staying there during the off-season (fall & summer). My goal was to rent the four months in the winter, and then a couple of months in the Spring. These seem to be the times that most people want to visit South Florida. ------------------ Janis IP: Logged

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