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Subject: tenant is not telling the truth ... probably

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PetunkaM
(Florida)

Posts:958

11/11/2011 3:13 PM
You know, this is difficult to follow. Now, you are discussing attorneys, penalties and this entire issue is heading the wrong way. The owner – who is also a board member- could simply terminate the lease thus conceding the point and sticking with the HOA policy. Why does not she?

JonD1
(New York)

Posts:771

11/11/2011 6:37 PM
Fred: Just what assurance is the Board looking for? That in the end everything well work out for them? Unless you find a crystal ball impossible to provide. In that case better to wait till next October when the lease ends. That's IF the owner does not renew the lease. If they do what then? Don't know where you get the concern over an owner not renewing a lease without cause. You don't have to provide cause and in this case the owner does have cause they violated the lease. Brad not sure under your requirments when if ever the Board might issue a violation. Your need to have proof to a degree that would satisfy you leaves little chance to ever feel comfortable with taking actions. Brad's assertion that HIS state law allows the loop hole to ignore any bylaw rule that they decide conflicts with state law or regulations IMO provides an easy way out to do nothing. Plus Brad and you reside in different states. Our attorney advised us we have the right to set occupancy limits. 2 per bedroom. SOP. And as in Fred's case as part of the CCs we provide water and sewer which would certainly increase when you now have 5 people living in one unit. So IMO this Board is failing to protect all the other owners from increased costs. Not sure in Fred's case but our water and sewer cost is the largest single expense for our property. Why did we implement our limit because at one time we had a 2 bedroom unit rented out with 22 occupants! 22 YES 22! But we took the risk and contacted the owner and informed them this was not permitted nor fair to all the other owners. Not sure how things are in Ohio or Kansas but here putting 5 people in a two bedroom unit is NOT commonplace or middleclass. And we had the same proof Fred now has. Truth and reality. That's where I like to spend most of my day. Fred tough to do your job when others would rather take the easy way out. But in the end when the next violation takes place how will it be handled? What amount of proof is enough? And when another owner recieves a violation and complains you didn't bother to enforce the rules on this unit for this rule that would be my concern if we end up in court. IMO will this be the last time you get multiple people living in a single unit? Not in our world today. Better figure out how you plan to address this as this will be the precedent for any others down the road. Just wondering what happens when you get 6 people in one unit?

FredB4
(Ohio)

Posts:250

11/12/2011 5:14 AM
Thanks everyone for some great discussion on this topic.I appreciate all the input.

BradP
(Kansas)

Posts:2491

11/12/2011 11:33 AM
Posted By JonD1 on 11/11/2011 6:37 PM Fred: Brad not sure under your requirments when if ever the Board might issue a violation. Your need to have proof to a degree that would satisfy you leaves little chance to ever feel comfortable with taking actions. Brad's assertion that HIS state law allows the loop hole to ignore any bylaw rule that they decide conflicts with state law or regulations IMO provides an easy way out to do nothing. Plus Brad and you reside in different states. Jon we will have to agree to disagree...my point is it is not in the best interest of your association to proceed with a violation if you don't have the legal backing (i.e. proof and/or attorney's advice). If Fred wants to proceed on this without contacting his association's attorney that is fine, I would not. I don't like to risk other people's money when I am not sure what we are doing is enforceable. Sometimes there are covenants and rules that are just hard to enforce. You may view it as taking the easy way out, that is fine. At the end of the day Fred should consult his attorney on this if he is upholding his fidicuary duty to the association.

FredB4
(Ohio)

Posts:250

11/13/2011 1:11 PM
Actually Ohio House Bill 135 states that the association can be sued for not enforcing the CC&R's and would have to pay lawyers fees as well if we lost. That is why I found it interesting that there might be a loophole but haven't checked that out yet. As you know,State laws vary. We would not take action on anything this serious without talking to a lawyer.

DJ1
(Ontario)

Posts:781

11/15/2011 6:26 PM
Jon, "This tenant is in violation of that limit whether they wish to acknowledge that or not. " FALSE. The HOA and/HO THINK the tenant may have more than the allowable occupancy. The tenant provided an explanation that one child does not live there. (drop off/pu time) Unless they are going to post a monitor to verify whether the child is/is not being picked up/dropped off, they have nothing to support a maybe, could be, possibly...

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Forums > Homeowner Association > HOA Discussions > tenant is not telling the truth ... probably

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