Renter Not Abiding by Bylaws

Started by MaureenM1 • 5 replies • 1234 views

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MaureenM1 (PA)
Posts: 344

Posted:

Our builder has rented 6 townhomes out of 24. He owns 7 out of 24. When finished our development will have 40 townhomes. All the members of his family, etc are on the board until recently when we contacted the association and we now have two owners on the board. The builder still has 3 of his family on the board. Most of the renters obey the rules but one renter does not.

We had a meeting with the association regarding these renters who are the only ones in the development with a satellite dish (our development prohibits satellite dishes) these renters have caused alot of trouble in our small quiet development. the police have been called on several occasions. We ask the builder to evict his tenants since they are not abiding by the bylaws. To date the dish is still up and the renters are still in the house.

Is there any way that we can limit the amount of townhomes rented when 3 of the 5 board members are his family and are incoprated into his business. I and my neighbor are on the board also.

JamesS19 (Virginia)
Posts: 3

Posted:

the fcc telecomunications law of 1996 supercedes any restictions in the cc&rs.the board is in violation

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maureen,
James is correct. The FCC does not allow any HOA to ban the use of a dish antenna. They do allow the HOA to make reasonable rules on location but only if that rule does not cause lesser reception and undue cost for the installation to the owner. Sorry but your HOA will have to give on this one.

Now, bad behavior by the tenant is another story. It is the owner of the unit's responsibility to abide by the rules of the association and that includes any lessee that he may have under a lease. Get on the owner.

GlenL (Ohio)
Posts: 5,491

Posted:

Maureen unfortunately until the developer turns the Association over to the homeowners there is little that can be done that he does not want. While unlike in a stand alone home community you can limit where the dish is placed you cannot ban them, you can read the relevant rules at: www.fcc.gov/mb/facts/otard.html

Studies show that 5 out of 4 people have problems with fractions

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By DonnaS on 07/19/2008 3:53 PM

Now, bad behavior by the tenant is another story. It is the owner of the unit's responsibility to abide by the rules of the association and that includes any lessee that he may have under a lease. Get on the owner.

Donna, it appears, from the way I read it, that the "owner" IS the developer.

Sounds like an uphill battle, sad to say. . .

KirkW1 (Texas)
Posts: 1,665

Posted:

In reference to the dish, you really can't do anything about it. The link below has more details:
http://www.fcc.gov/mb/facts/otard.html
If you wish to find even more, search for "fcc otard" and you will find a lot of information.

Since your developer has three positions on the board, the only thing you can do is appeal to them to protect their own investment. But understand that many landlords see any renter as more preferable to an empty unit while they look for another renter.

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