I Iive in a condo community - I had a lovely hanging plant by my front door......got a letter telling me to "take it down within 5 days", or else be fined $25 per day that it remains !! They meant business................I took the plant down, and took out my bylaws. Sure enough, my bylaws forbid hanging plants!
Hard to fight them.........if you feel their interpretation of the rules is unlawful, or it's discriminatory towards certain protected classes - find an attorney.
Like it or not, you must work within the regulations and rules that are in place.
First, there may be a conflict in the by law with discriminating against couples married or unmarried or otherwise, so you may have an angle there. FYI - look up the equal opportunity housing laws and see if you find anything there to support that claim. If so, then you have a clear arguement.
I wouldn't recommend you having only one tenant sign a lease in case trouble arises in the future you want both parties liable.
I would recommend that you write a letter to your neighbors and try to organize a meeting to go over rules in the by laws that are antiquated and need updating. Present a case as to how it could benefit them, like the rentability of their units but still keeping certain rules that could hurt the building, like short term leases and upholding a no pet policy if there currently is one.
You should also seek counsel of a real estate attorney to go over the rules and also your obligation as a landlord to fulfill the lease terms.
Hope this helps!
RE/MAX Gold Coast Realty
56 Newark Street
Hoboken, NJ 07030
Get an attorney to look over the BYLAWS and see if you are truly in breach of same. For your own protection I would not try to "get around this" by submitting fraudulent information to the board.
BYLAWS are in place to protect the general welfare and integrity of the entire complex, (from no pets or you can't alter the exterior, to not renting out to separate individuals) and you are bound to adhere to them, just the same as anyone else.
I'm not a lawyer, so what follows is not legal advice. For that, you need a lawyer.
Here are some additional quick thoughts:
1. How can i get around this?
ANSWER: First, read the bylaws. Make sure that what's being described to you "single person or family" is what the bylaws really say. If not, is your rental situation permitted?
2. what if my tenants are a gay or unmarried couple or bf/gf situation?
ANSWER: Interesting question. That in part depends on your state and local laws. In some areas (but not all), you can't discriminate against a tenant because of sexual orientation. But there's no similar protection (involving equal rights) for two unrelated adults, whether straight or gay.
3. What if I only 1 tenant on the lease copy that I turn in?
ANSWER: For your protection, all persons over the age of 18 ought to be on the lease. And there may well be something in the bylaws with the same requirement. Check the bylaws. Also, we're getting into semantics here. You'd be trying to argue that you're only leasing the unit to one person. The board would argue that you're providing accommodations to 2 or more unrelated adults. And there may be something in the bylaws defining what a "guest" is versus a "tenant." Check that. But I don't think this is your most productive avenue to pursue.
4. What if I want to do charity and tell them that I don't have any lease and refuse to give any lease to the board
ANSWER: Not a good idea. You're bound by the bylaws. You've got to obey them. Either that, or get the co-owners of the condo to revise the bylaws--a very difficult task. Or hire a lawyer and prove in court that the applicable bylaws are illegal--a very expense and often difficult task. So, work within the bylaws.
Hope that helps.
I'd be happy to help you with the specifics. Please feel free to contact me to discuss further, or for all your future real estate needs.
RE/MAX Gold Coast Realty
This is information that you should have had access to when you purchased your property in 2003. Unfortunately, most individuals do not regard this as important information...at the time of purchase, because it doesn't apply to them at the time.
Typically, it is part of the purchase process, when involving an HOA, that the buyer signs and indicates they are aware of and agree to abide by the HOA rules that apply.
Where does this regulation leave unmarried couples that reside in the complex. Since this arrangement is quite common an unfair application of the HOA rules may be demonstrated by identifying that these arrangements exist and are also a breach of community regulations.
This may be an issue best referred to an attorney for their input.
Did you read the Bye Laws prior to renting? If so, what was stated in the guidelines regarding renting? If what you stated in reference to renting out to an individual or a family is within the bye-laws, you maybe in violation!
1. Be honest and negotiate with the board.
2. If they are unreasonable, ask if they can stay out the term of the lease.
3. Thereafter, be upfront with your next tenants.
It is hard to fight by laws that existed before you started renting the unit. If you look in the paperwork that you signed when you purchased your condo, you signed a form stating that you've reviewed and agreed to the condo bylaws.
Many condo boards are very lax in implementing bylaw rules. It looks like your condo board is tougher than most others in the area.
If the bylaws state that you can only rent to a single person, couple of family, you may have a problem.
Prudential Castle Point Realty
I would also see if other owners are in the same boat. If that is the so, get a group to amend the by-laws.
I do like the others who stated fair housing violations. If that is the case you certainly have a case.
Best of luck.
Many associations have regs that state that no portion of the unit, except the whole, may be rented. This circumvents the apparent Fair Housing violation, but your association could maintain that the intended effect is the same.
Meaning - you couldn't rent to two people who were not a family unit, who intended to have exclusive private bedrooms protected against trespass from the other party.
If your tenants were cohabitants, they would not need exclusive rights to a bedroom. I'm guessing that the two individuals you're renting to absolutely insist on exclusive rights.