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Subject: bylaw rental changes
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Author Messages
VicT
(Virginia)

Posts:3


10/21/2018 6:45 AM  
small poa in virginia, not professionally managed.

among the proposed by-law changes is a requirement that a property owner must have their potential renter vetted by a professional property management company at their own personal expense. and ultimately, the poa determines if you will be allowed to rent to that potential client.

1. does "vetting potential renters" fall under the umbrella of property management companies?
2. can the poa demand that the owner pay for said vetting?
3. can the poa reject a potential renter and on what grounds?
MelissaP1
(Alabama)

Posts:8287


10/21/2018 8:49 AM  
This subject is covered many times on this site. State laws vary on the subject. Most don't allow a HOA to limit rental property as the HOA is a third party to the rental agreement. Basically if the HOA doesn't own the home, then they are 3rd party to a lease agreement.

Found the best rental policies are 1. Have to own home for 2 years prior to renting. 2. Must have in the lease agreement to obey the HOA's rules. Most lease agreements don't have that caveat in them. Which hurts the owner and the HOA due to Tenant's rights. The HOA can't punish a renter for their violations. They have to go after the owner. The owner can't go after their tenant because it's not in their lease as a violation.

Former HOA President
VicT
(Virginia)

Posts:3


10/21/2018 9:02 AM  
thanks...this is what we suspected but have a VERY controlling board
JeffT2
(Iowa)

Posts:476


10/21/2018 9:05 AM  
Yes, the HOA can restrict rentals and require background checks. It can lead to claims of discrimination, so it must be done carefully. I think that is why your HOA will use a management company.

Most states do allow HOAs to limit rentals.

The HOA is not a disinterested party to the lease. The CCRs can place restrictions on the use and leasing of property within the community, and these restrictions cannot be put aside with a lease.

The HOA can directly go after a tenant in court to enforce the covenants. However, it is a lot easier to go after the owner.

I agree with Melissa's point that the lease should require the tenant to follow the HOAs rules.
VicT
(Virginia)

Posts:3


10/21/2018 9:48 AM  
no problem with holding property owners and renters to poa rules and regs...the question about discrimination was foremost in my thinking...my problem is with the poa requiring the property owner to find a management company and then pay them to vette the renter. if the poa requires it, why should it be the property owners cost?
GeorgeS21
(Florida)

Posts:1243


10/21/2018 9:49 AM  
Vic,

You mention Bylaws governing rentals ... to my knowledge, Bylaws cannot do this - CCRs are where you would find things like restrictions on rentals.
KerryL1
(California)

Posts:6403


10/21/2018 10:01 AM  
With George; bylaws do not deal with rentals. CC&Rs do with, perhaps, nuances & details in the Rules & Regs.
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