What do you do when the percentage of renters is much higher than that allowed by the HOA bylaws?

Asked by Question, Ohio Sat Apr 18, 2009

This issue came up when I was trying to sell my condo and the buyers had difficulty with financing due to the percentage of rentals - they were obtaining an FHA loan. The bylaws clearly state the allowed percentage, but this has not been enforced and now my community has twice that number of rentals. Concerning to me is that 2 of the 3 board members have multiple rental units and have profited from ignoring this bylaw. Is there a standard way to handle this?

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Amandrav, Home Buyer, Alexandria, VA
Mon Aug 31, 2009
You should bring this issue up at your board meetings and try to convince the members to enforce the bylaws. Who is supposed to enforce the bylaws? Is there a clerk or a secretary or warden given the job of enforcing? If there is such a person, then you only need to convince that one person to process penalties upon the people who rent out units after the maximum ratio has been reached. If there is a way to get the board members kicked out of office, in your bylaws then you can try to kick one of them out and then try hard to fill the open seat with someone who will enforce policy. Otherwise, the last option would be to run against the 2 out of 3 board members who don't follow the bylaws and get a new board elected. Good luck.
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