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I want to request "hardship" to condo association board to rent my unit

Posted on Fri, Dec 03, 2010 @ 06:54 AM
  
  
  
  
  
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I am the owner of a condo in a 62 unit complex. We have a 10% renter policy. We are currently at max with 2 people on a waiting list for about 2 years now. Over one year ago I moved in with my boyfriend leaving my condo vacant. With the property value down, I cannot afford to sell my condo and am upside down in my loan preventing me to refinance and I make too much money for the bank to give me a loan modification. The majority of the homeowners do not want to change our renters policy. I just want to rent temporarily to provide financial assistance until I can hopefully sell. I was told of a Hardship request, which the HOA Board can vote on and make an exception to the current rule. my question is: Does anyone have any information on such a letter or any other suggestions?
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Comments

Some rental amendments have hardship orovisions so you should check the actual rental amendment. also, be sure the rental amednet was done by amendment and not rule. at least in Massachusetts, an amendment would be required for amendment to be enforceable. Even if there is a hardshipprovision does NOT mean board has to grasnt you hardship exception. 
 
 
 
Stephen Marcus 
 
Marcus Errico Emmer & BRooks 
 
Braintree, Massachusetts 
 
781.843.5000
Posted @ Friday, December 03, 2010 7:19 AM by Stephen Marcus
If the no rental rule is in the documents, Master Deed or the By-Laws, then it is out of the hands of the Board. You must get a unit owner vote to change or alter the By-Law. 
 
 
 
If it is only in the Rules and Regulations then the Board could grant a waiver if they so desired.
Posted @ Friday, December 03, 2010 10:38 AM by Bob Maker
If it is a bylaw, no. If it is a rule, then the board can consider your case and vote.  
 
What most owners do is rent it out without telling anyone. In a property with 63 units, this would be accomplished fairly easy.  
 
 
Posted @ Thursday, December 09, 2010 4:36 AM by Former Manager
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