Rentals in Stamford>Question Details

Shiraz, Home Owner in California

I rented my condo which there are no restrictions in CC&R and by law, hoa is fining me for renting it can they do it?

Asked by Shiraz, California Wed Jan 25, 2012

The only documents hoa provied to me was one single letter stating as of 50 units there are 13 units rental currently, and the unit # (my unit) should be owner occupy, and verbaly I was told I can rent it to family members I rented the unit to a non relative. Hoa found out and fining me for 3 years of monthly $300 on the top of the regulare hoa's fee. There is absolutely no restriction for renting the plase and it actually stated that the owner can rent his property. I found out that the board members all have at least couple rental properties in that complex. can they fine me for renting mine? I talked to a lawer and he sent a couple of official letters to tell them this is illigal and discrimination, but hoa ignored the letters and keep sending me bill plus the late fee. what should I do to stop their illigal work or prevent them from taking this to collection or putting lien on my property?
Thank you

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The replies by Laura and Ron are correct. The only thing I would add is that the reason HOA's may place a limit on the number of units which can be rented out, rather than owner-occupied, is primarily to insure units can be sold when owners wish to sell. Banks like to fund mortgages in complexes that are at least 60% owner-occupied. When a complex is greater than 40% renter-occupied they often will not fund a mortgage and the only way to sell a unit would be for a buyer to pay all cash. So this rule is actually in place to protect you and other owners when it comes time to sell. To determine if this is the case in your complex you do need to retain a real estate attorney. Good luck.
0 votes Thank Flag Link Wed Jan 25, 2012
Hello Shiraz,
It's good that you received a copy of the by-laws and rules and regulations for the complex when you purchased it. The rules regarding leasing your unit and not having it "owner occupied" should be in there. You state that there are no restrictions but is your copy current or from a few years ago?

It's also good that you have a real estate attorney involved as that is the best person to help you in your situation. Have him look at the by-laws and if you do not have a current one; then ask him to request a copy with the HOA. I would also urge him to get a response from the HOA regarding your imposed fees asap.

Best of luck to you!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Wed Jan 25, 2012
The Lawyer is your ultimate authority, and you should be advised by him.
The CCR's are the guidleine, what ever they say.

As to why the HOA would do that:
They probably have a covenant that THEY have to abide, which says that only a certain number of unit may be rentals. If that is the case, then they are between a rock and a hard place because they didn't share this with the residents.

We can't help you; you really, really need a Lawyer.

Good luck and may God bless
0 votes Thank Flag Link Wed Jan 25, 2012
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