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Subject: Crime Free Lease Addendum
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Author Messages
RobertM11
(Arizona)

Posts:5


07/27/2008 5:23 AM  
Our HOA recently passed a rule that all rentals comply with the following:

"Effective immediately, all non-owner occupied dwellings must implement the enclosed Crime Free Housing Addendum to new leases. Existing leases must add the addendum upon the renewal date of existing leases already in force. This includes month- to- month leases and verbal leases with an automatic month-to-month extension of the lease.
The owner and/or property management company, of the dwelling will be responsible for the eviction of any and all residents/tenants, (i.e., lessees) of the dwelling, in the case that any illegal activity/crime is committed on the property, and/or any conviction of a crime against a person or persons property, committed within the perimeter of, or outside of, the XXX Community Association."

Gotta love the owners who think that renters are the source of all their problems!
SusanW1
(Michigan)

Posts:5202


07/27/2008 5:45 AM  
This gives them permission to break the lease and is pretty standard verbiage for evicting a renter. It does give a lot of power to the management company, however.
GeorgerwilliamsW
(Indiana)

Posts:975


07/27/2008 6:57 AM  
It will be interesting to see if this passes muster, since it does not equally apply to all property owners (landlords versus residents).

I most sincerely doubt that a court would allow such restrictions to property rights, particularly if the felony in question was committed outside of the area. Some restrictions on leasing/renting are reasonable, but this is beyond the pale.

Similarly, I doubt the homeowners association would be within the law were they to prohibit anyone with a felony conviction from purchasing a home in the association.

This is over-reaching by a well-meaning board of directors who see renters as more evil than owners. The brush they are painting with is far too broad. This is the stuff law suits are made of. Just wait until an attorney from the ACLU get a hold of this.

RobertR1
(South Carolina)

Posts:5164


07/27/2008 5:48 PM  
May be George,
But look behind the reason for all this and although I don't comdeem or support this kind of legislation, if that is what it is; it sure points out the condo must have some concerns. The rental story of condominium has yet to be told but I suspect that there will be changes made rapidly because of the increase in numbers of people living in condos. I have no idea how it will fall out but I suspect the trend is going to be much more control by the states to try and get a handle on all these people that should be taking some responsibility as a citizen of the state. No doubt it will change, and no doubt historically, large numbers of rental units in any closed enviroment result in lower property values, over time. No doubt also that the mortgage lenders are not servicing the associations well when they contructed this Sub prime business. Lots of dirty hands there and none of this bodes well for the condo, especially when limits were stretched on mortgages not to provide homes, but to provide rental property.
MaryA1


Posts:0


07/28/2008 3:14 PM  
Posted By RobertM11 on 07/27/2008 5:23 AM
Our HOA recently passed a rule that all rentals comply with the following:

"Effective immediately, all non-owner occupied dwellings must implement the enclosed Crime Free Housing Addendum to new leases. Existing leases must add the addendum upon the renewal date of existing leases already in force. This includes month- to- month leases and verbal leases with an automatic month-to-month extension of the lease.
The owner and/or property management company, of the dwelling will be responsible for the eviction of any and all residents/tenants, (i.e., lessees) of the dwelling, in the case that any illegal activity/crime is committed on the property, and/or any conviction of a crime against a person or persons property, committed within the perimeter of, or outside of, the XXX Community Association."

Gotta love the owners who think that renters are the source of all their problems!




Robert,

It sounds good on paper, but is it legal? AZ has a landlord tenant law. I wonder if the BOD has checked this law to determine if what they are proposing is legal? Now, how the property owners? How is the BOD going to get rid of those who might break the law? As you said: "Gotta love the owners who think that renters are the source of all their problems!"
GlenL
(Ohio)

Posts:5023


07/28/2008 3:23 PM  
Theoretically we have the ability in our CC&R's to get rid of an owner who violates the law. However unless it happened on the property I do not see it standing up in court.

"Common sense is like deodorant--the people who need it most never use it."
SusanW1
(Michigan)

Posts:5202


07/28/2008 3:59 PM  
Evictions will be enforced by the court if the renter does any of these 3: 1) non payment of rent 2) illegal activities and 3) activiites that threaten the health or sanitation of the home.

So the owner can has this right to evict, based on the above - but as I said, this ALSO gives the management company the power to step in and evict.
RobertM11
(Arizona)

Posts:5


07/30/2008 6:17 AM  
The actual rule was written by an attorney (of course!) who advised that the case law isn't really clear on this at this point in time but that she thinks it can be defended if it ever gets as far as court.
The fact remains that most troublemaking renters are not going to either go through the court system or they don't have the resources to pay an attorney. The problem may come with an owner who doesn't want to evict a rent paying tenant even if they are causing problems in the community. But, we shall see how it goes....
BradP
(Kansas)

Posts:2640


07/30/2008 6:23 AM  
Robert:

i think the addendum is way too broad in its scope. Are you looking at just felonies? Are misdeameanors included? The first part of it that has any illegal activity/crime committed on the property in my opinion is going to get you in trouble because that insinuates you are not going to wait for the legal system to run its course and the HOA is going to be the judge, jury and executioner.

If this was written by a lawyer I am surprised it is so broad based, it seems like they want a catch all for any crime that could possibly be committed as an excuse. I don't like it.
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Forums > Homeowner Association > HOA Discussions > Crime Free Lease Addendum



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