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Subject: Very worried, HOA New amendment rental restriction
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Author Messages


05/12/2016 12:40 PM  
The new amendment states that you can only rent your townhouse for TW0 years, then you have to move back in or sell.
I have lived in this community for more than 25 years and am 74 years old.
A few years after the passing of my wife, I met someone and I moved south about 50 miles. I then rented my home. I am on social security and without the rental income I will be hard pressed to make things meet, there is still a mortgage payment, etc
What can I do?


05/12/2016 1:20 PM  
You must be referring to a change in the CCRs, which usually have to be approved by a percentage of owners (check your documents). If that's been done, you need to read the amendment again to see if there's language that grandfathers in current owners (that is, they won't be bound by the restrictions until the house is transferred or sold.

Also check for a hardship clause that allows owners to apply for an exemption to the rule (e.g. moving out of town because of a job and need the income to pay the housing bills until the house is sold). In your case, however, it would appear you moved out because you're in a new relationship with someone. You might have a better case for a hardship exemption if you'd remarried and moved into her home and are selling it, but if you're simply living together, that really doesn't qualify as a hardship to allow renting.

I completely understand you're needing the rental income to cover the bills, including the HOA assessment, but if you don't have any income besides Social Security, it may be time for you to determine if you can still afford your home. In my community, we've run into this problem a lot because a lot of owners have retired and their income isn't keeping up with living expenses (having a mortgage can be extremely difficult when you're retired. (That's one reason I'm working as hard as possible to pay off my mortgage before I retire, as well as those (*&$! credit cards)

Even with the rental income, you have to worry about increases in HOA assessments, property taxes, insurance (you need landlord's insurance, not the usual homeowner's insurance because that policy may not cover you at all if you rent out the home). There's also the cost of cleaning up the place after a tenant moves out. And what will you do if several months go by without a new tenant? You still have to pay the assessment because you're legally obligated to do that.

If there's a consumer credit counseling service in your area (check the phone book or do a Google search) and see if you can talk to them about your budget to see what you really can and can't afford. CCCS agencies are usually affiliated with the United Way and services are available on an income sliding scale or are free. There may also be budget counselors available from your local AARP if you're a member or Area Agency on Aging. Good luck!


05/12/2016 1:48 PM  

After 25 years you must have some equity in that townhouse. Right now you are liable for assessments, taxes, maintenance, repairs, the remaining mortgage payments, and insurance whether the home is rented or not. Plus you have at least an hour drive each way whenever you have to be there. I find it hard to believe that you reap such a huge benefit that would justify all the costs and risks. Sell it and invest the equity, perhaps in an annuity. You will relieve yourself of all the burdens that go along with owning a townhouse that you no longer live in.



05/12/2016 2:02 PM  
My question is.... What is the punishment if you don't comply? They can not take your house. They must have a fining schedule defining the fines they can enforce. They can't just lien as long as your paying your dues.

See I can make it a rule that everyone must wear blue on Fridays. You wear yellow. Now what is my way of making you into compliance for wearing yellow? That is what you need to look at. Not the rule but what happens if you don't. Then you contact a lawyer to make sure that is legal in your state to even pursue.

Former HOA President


05/12/2016 6:18 PM  
Posted By MelissaP1 on 05/12/2016 2:02 PM
They can't just lien as long as your paying your dues.

True in some but not all states.

Sikubali jukumu. Read all posts at your own risk.


05/14/2016 6:41 AM  
I suspect this is a regulation for NEW residents only and you would be grandfathered in.

Ask the Board to clarify.

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Forums > Homeowner Association > HOA Discussions > Very worried, HOA New amendment rental restriction

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