Get 2 months of free community web site hosting from Community123.com!
Sunday, May 19, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: After Being Grandfathered into Previous CCRs
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
CaseyD
(Oklahoma)

Posts:5


01/16/2019 2:09 PM  
I began leasing 2 rental properties on a short term bases in a neighborhood that had no rental restrictions. About 2 years later, the HOA Board, which was also the builder, updated the CCR’s to prohibit rentals that are less than 30 days. Although it wasn’t easy, eventually the builder grandfathered my homes into the previous CCR rules which allowed them to remain short term rentals until I sell them.

My question is, do I need to do anything with the letter the HOA sent me grandfathering my homes to ensure it is honored later? I’m wanting to plan ahead for when the builder transfers over the governing of the HOA. My only thought was that maybe I should record it with the county or something similar.

Thanks for your advice.
GenoS
(Florida)

Posts:2892


01/16/2019 2:18 PM  
File it with the Official Records of your county. Sign an affidavit in front of a Notary and file that along with it.
CaseyD
(Oklahoma)

Posts:5


01/16/2019 2:34 PM  
Thanks for the response GenoS but could you expand a bit on what the affidavit should say?
RoyalP
(South Carolina)

Posts:692


01/16/2019 2:50 PM  
ask your county's 'register of deeds' what is required for filing
JohnC46
(South Carolina)

Posts:8267


01/16/2019 3:33 PM  
If I recall, there is a way of filing/attaching something to a deed so anyone doing a deed search can see the attachment.
SueW6
(Michigan)

Posts:489


01/17/2019 7:14 AM  
While you may be able to keep (grandfather) the ability to act as a rental, the minimum amount of days could be up for review with a new HOA.

Have there been complaints about the coming and goings of renters?

You have a potential motel there, as it is.

CathyA3
(Ohio)

Posts:243


01/17/2019 1:27 PM  
Posted By SueW6 on 01/17/2019 7:14 AM
While you may be able to keep (grandfather) the ability to act as a rental, the minimum amount of days could be up for review with a new HOA.

Have there been complaints about the coming and goings of renters?

You have a potential motel there, as it is.





I'm always surprised that Airbnb style rentals are allowed at all in COAs or HOAs - they're clearly commercial use of residential property, and with people coming and going, they're not that different from an owner who is running a business and seeing clients in his home. You'd think that the association's insurer would have an issue with it, too, since transients change the risk profile of a community. I'm also surprised that it was allowed in a fairly new community that is still under developer control - I was under the impression that newer CC&R tended to forbid motel or corporate housing.

I think the problem is that they're referred to as "rentals", which confuses the issue. You don't refer to a stay in a hotel as "renting" - this should be no different.

That's my rant for the day...
AugustinD


Posts:1571


01/18/2019 8:19 AM  
Cathy's point about the risk profile changing and so being something in which an insurer would be interested is a good one, though maybe moreso for condominiums vis-a-vis stand alone homes.

If I were on the board with a like-minded majority, and assuming there were only a tiny fraction of airbnb rentals, and with an eye to what legally is allowed, I'd make sure the HOA's rules were on the side of not easily accommodating the often destructive behavior of transients. Airbnb is so new and so discussed, with controversy, in cities and HOAs alike, that I would be hopeful most felt as I did.

The OP may be lucky the HOA is not all-airbnb. Because if it were, his airbnb might not be so attractive. Not that he or she cares. He or she bought the place to rent it out (or moved out with the intention of renting it out). He or she has some rights. It's nice that people gave him or her straight answers.

Meanwhile, landlords and their tenants ruin property values at HOAs and condos. Federal mortgage lenders know it and set their rules accordingly. I think realtors know it.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > After Being Grandfathered into Previous CCRs



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement