Condo Association Management Blog

Florida Condo Association running wild with rental of condo units

Posted on Tue, Feb 17, 2015 @ 08:00 AM

Tags: Florida Condo Association, Board of Directors, Bylaw, HOA Board, condo association board of directors, Condo Docs, condo rules, Renters, Condo Act

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I bought a condo unit in a Florida Condo Association 19 years ago.

At the time, there was one rental unit. Now, 19 years later, 25 of the 70 condo units are currently being rented.

Further, the Board of Directors has allowed one individual, an investor living in Peru, to purchase 5 condo units for the purpose of renting. There are no rules against this set forth in our documents, as it was never an issue and the furthest thing from anyone’s mind at the time.

Is this allowed? I certainly did not intend to purchase in a rental building!

Condo Association having issues with renters - considers change to Bylaws

Posted on Fri, Feb 6, 2015 @ 08:00 AM

Tags: Condo Association Management, condo law, Bylaw, Rights, Renters, West Virginia Condo Association,

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I live in a West Virginia Condo Association. We are a small, self-managed Association having some serious issues with renters, and the homeowners renting the properties are not helping.

Can our Bylaws be changed to state that condo units can no longer be leased?

Virginia condo owner curious about Condo Association rental laws

Posted on Mon, Feb 2, 2015 @ 08:00 AM

Tags: Rules, condo law, Bylaw, Rules and Enforcement, condo rules, Renters, Condo Act, Virginia condo association

Virginia Condo Association owner seeks best practice in renting 020215 resized 600

I live in a Virginia Condo Association, and have a question regarding rental properties.

Is there a standard or recommendation for a ‘healthy’ percentage of rental units for Condo Associations?  Is it legal to pass an amendment to the Bylaws that would cap the number of rental units allowed for a particular Condo Association if there was no cap in the original Bylaws?

Florida condo owner has questions about rental process

Posted on Tue, Jan 20, 2015 @ 08:00 AM

Tags: condo unit, Florida Condo Association, condo law, condo questions, Bylaw, Rights, Rules and Enforcement, condo rules, Renters, Condo Act, HOA Management

Condo Owner has questions about rental rules in Florida Condo Association 012015 resized 600

I own a condo unit in a Florida Condo Association, and decided to rent it out for the winter season.

I sent $100 to the Condo Association Board for the background check and application process for new renters. The Board has approved the renters, but required a $2,500 security deposit to cover the common grounds area. I am aware of other condo unit owners renting, and having to pay either zero or $100 total.

I’ve argued that this was selective enforcement, after which they lowered the deposit amount to $1,250. Is this legal?  My renters are a nice elderly couple that have rented in our Condo Association the previous two years and have a perfect history.

Nevada Condo Association considering short-term rentals

Posted on Wed, Jan 7, 2015 @ 08:00 AM

Tags: Condo Association Management, Board of Directors, Rules, Condo Management, condo law, condo questions, CCR, Rights, condo rules, Renters, HOA Management, Nevada Condo Association

Condo Association changing rental laws without vote from community 010715 resized 600

My Condo Association in Mesquite, Nevada has a new rental ordinance that allows for short-term rentals.  The ordinance states, ‘governing documents must specifically state that short-term rentals are allowed.’

Our Board of Directors wants to do this by resolution of the Board rather than an amendment to the CC&R, where rentals are currently mentioned but time frame is not specified.

Can the Board do this, or should all condo association members have the opportunity to vote on the Amendment?

Condo Association member has question about leasing and Bylaws

Posted on Sun, Dec 28, 2014 @ 08:00 AM

Tags: Condo Association Management, condo association questions, condo law, Bylaw, Rights, Rules and Enforcement, condo rules, Renters, Michigan Condo Association

Michigan Condo Association leasing rules and ByLaws 122814 resized 600

I have a question regarding leasing in Michigan Condo Associations. Three rental leases were recently terminated by the lessee before the mandatory twelve month lease was fulfilled.

Can the condo association present a new lease for a tenant? The reason I ask is that our Bylaws specifically require a twelve month lease. Thank you.

Lease terminations causing problems in Michigan condo association

Posted on Sun, Nov 23, 2014 @ 08:00 AM

Tags: Property Management, Condo Association Management, Rules, condo law, Bylaw, Rules and Enforcement, condo rules, Renters, HOA Management, Michigan Condo Association

condo association facing issues over terminated leases 112314 resized 600

Three condo unit rental leases were terminated by the lessee before their mandatory 12-month lease was fulfilled. Can they present a new lease for a tenant? Our condo association by-laws specifically require a 12-month lease.

Thank you.

Michigan HOA imposing annual fees for rental of condo units

Posted on Tue, Nov 11, 2014 @ 08:00 AM

Tags: Condo Fees, Condo Assessments, condo law, Bylaw, HOA Board, condo boards, Renters, HOA Management, HOA Rent, Michigan Condo Association

condo association fees for condo owners who rent units 111114 resized 600

My HOA recently administered a $100 fee per year to the owners of any condo units being rented. There was a change to the Master Deed seven years ago stating that the board could do this, though it has not been initiated until now. In addition, a notice had not been sent out informing condo owners of this.

There has been plenty of discussion amongst owners regarding initiation of this fee, even though it is in the Master Deed. After quickly researching, it seems that law in Michigan does not govern HOAs. Further, it seems this sort of action is legal in some states, and illegal in others. Does anyone know of or have any information about associations implementing a yearly fee to condo owners renting their properties?

The HOA stated the reason for the fee is due to the additional cost of renters contacting the association. Shouldn’t this be covered by our condo association dues? Anyone with advice on this, or where I may gather additional information, would be great.

Condo unit tenants to be served breach of contract. Is info public?

Posted on Wed, Oct 22, 2014 @ 08:00 AM

Tags: Illinois Condo Association, condo association property manager, Rules, condo law, Bylaw, Rights, Rules and Enforcement, HOA Board, condo association board of directors, HOA, condo rules, Renters, HOA Management, HOA property manager

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I live in an Illinois condo association that also has rental units. A new rental tenant with four kids – a twelve-, eight-, four-, and two-year-old – recently moved in. This tenant is month-to-month renter (a bank owns the property, but is not making assessment payments, so they let the HOA rent out the unit on a month-to-month basis.)The parents don't seem to be able to keep the kids from running, jumping, and stomping in their rental unit, which goes on just about all day long.

I initially spoke with the parents and they said they would take care of the problem, but they have not and the situation has worsened. I then spoke with the HOA president and also the condo association manager about the matter. It was decided that a meeting should be held with the renter to go over the condo rules and regulations to ensure they were aware of the noise provisions rule.  In an effort to prevent continued violation of the condo noise provisions rule, a first floor unit was even offered, but the tenant refused stating that they didn’t want to move and that they wanted to stay in their current unit. 

I informed the HOA president and condo association manager that the tenants are continuing to cause a disturbance and affect our quality of life.  I was asked by the mother at one point – what do we expect from kids? – and was then told I had to get used to it.  They can’t have it both ways at our expense, and am under the assumption that this puts them in direct violation of the condo rules and regulations, especially since they had refused the offer to relocate to a first floor unit.

The HOA president and condo association manager said the matter was referred to our condo association lawyer, who was to send a notice for "breach of contract" to the rental tenant by a special server. I contacted the office a few days later to get an update and they stated the server came but the tenants were not at home. What is the procedure for a special server to serve notices to a particular person? Do they have to serve the person face-to-face? Do they use certified or registered mail to serve? How often and how long does it take to serve a particular person? Can I request copies of any correspondence on this matter? I'm thinking of moving, but thought I'd get some more knowledgeable views on this. Does anyone have experience with or insight into a matter like this?  Any thoughts and/or opinions would be greatly appreciated.

Property manager charges condo seller for approval document

Posted on Thu, Sep 11, 2014 @ 08:28 AM

Tags: Assessments, Condo Assessments. condo association management, property managers, Property Management, Condo Association Management, Boards, condo association property manager, Condo Management, condo law, Bylaw, condo board, Condo Docs, condo, condo assocations, HOA Questions, Committees, Renters, HOA Management, HOA property manager

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I am a condo association board member and just found out from an angry co-owner that he had to pay $125 to the property management company in order to get a status letter to sell his unit. I agree with seller that this a rip off considering what little work is entailed to put together this letter. Can we as a board require the management company to produce this info at no cost to owners in good standing? Isn't this info ours to begin with?