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How does condo association enforce disregarded rental restrictions?

  
  
  
  
  
rental restrictionsHow does a condo association or HOA enforce a rental restrictions or a cap? My community association has in it's original bylaws that we practice a rental cap. However, it was not practiced for many years. My condo became over-run with renters. Recently the board has approved activating our rental cap. However, owners disregard the rules, do not apply to rent their unit and do not seem to care if the rental cap is met or not. Our condo manager also seems to be at a loss as to how to enforce the rental cap. Please advise 27UU4TZXC34G
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I would also like to see the comments.
Posted @ Tuesday, June 15, 2010 8:23 AM by Leone Biles
Implement and enforce a daily fine for tenants who reside on the premises and have not been officially approved by the Board.
Posted @ Tuesday, June 15, 2010 9:02 AM by Ana Anderson
You really need to get your board together and the members of your association (not renters) members that own the units and have a really good talk. Next you need to get your by-laws changed, and this will require a lawyer to do this. You need to have a clause inserted that if the renters fail to abide by the rules, then they will be evicted properly. And then you need to advise the unit holders that in the future you will not allow them to rent to people that can't follow the rules. 
 
It's all about rules and if you don't have those rules written down in the by-laws you don't stand a chance of winning a thing. The unit owners that rent to these people that are breaking the rules are responsible for their rentees, so start there and have certified letters sent to them that if the breaking of the rules continue they are going to be served with papers to appear at the local madj. for a hearing. Again I hope that this is in your by-laws already and if that clause is not you need to seriously sit down with your board and get this changed. Good Luck
Posted @ Tuesday, June 15, 2010 9:42 AM by s
To kick off the enforcement, have a meeting & discuss it. If you have the rental restrictions in your condo docs, you probably already have the ability to evict.  
 
Eviction is only a good tool if you are able to use it, and by use it I mean if your Association is willing to and able to spend money on legal fees. 
 
Another method of curbing and eliminating unapproved rentals is to introduce key fobs on any common element, as a "security improvement" and only issue these once you have the information and everyone is properly approved. If the owner comes to get the keyfobs and you know that their unit is rented, refuse to give them the keyfobs until proper approval has been granted, or not at all if they refuse. If you notice an owner has obtained a keyfob and their unit is rented, suspend the keyfob and force the owner or renter to come to you for proper approval. Of course this will only work if you have common elements such as gates, pools, work out centers, etc, you could implement a key fob system on.
Posted @ Tuesday, June 15, 2010 11:13 AM by Joyce Nord www.bestcondomanager.com
Hi Joyce 
 
 
 
Oh would I luv to put something like this in our association for those that are not paying their condo fees! 
 
I do believe that would be ill-legal. But it's nice to think that we could get our money back that is owed us. LOL
Posted @ Wednesday, June 16, 2010 7:55 AM by s
S: 
 
What is illegal about securing community property on privately owned land and allowing access to it only for those who own it or their designees? 
 
I'm not being smart; there's a key on the front door of my house so I can restrict access to my private property for only those whom I choose to grant access. The common elements are the same thing. 
 
I would like to hear your input please. 
 
Darron
Posted @ Wednesday, June 16, 2010 6:25 PM by Darron
Sorry I did not reply sooner, the system did not email me as it was supposed to. 
 
Beginning July 1, 2010, Associations can now prevent owners and/or their tenants from using the common elements who are past due with fees. Obviously this will only work if there are common elements which are secured and the Board would pay the additional monies needed to institute a lawsuit. If an Association is cash strapped do they really have the money for that?  
 
Of importance is that the Association cannot prevent use of common area walkways or association provided utilities.
Posted @ Wednesday, June 30, 2010 12:21 PM by Joyce Nord @ bestcondomanager.com
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