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Homeowners Rights with rental units

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M

mellow75

Guest
undefinedWhat is the name of your state? Florida

I am the president of my HOA, and the villas are classed for use for single family residence. As I have just moved in a year ago, I have found that our by-laws do not reflect any restrictions in regards to renters. Recently one of the units sold and the new owner rented his unit. He has admitted that the unit although rented to one person(backround check completed etc) it has been subleased and is housing 3 employees of a construction company. The person that is on the lease has never occupied this unit and just happens to be the "boss" of these employees occuping the unit.

Since our by-laws do not cover anything about owners renting the unit what rights do we have to change what is happening? I know he have to change the by-laws to address this issue, but do we have any rights since the lease was subleased? And do I as President of the HOA have a right to obtain a copy of the lease and it's terms?

Thank you
Melissa
 


BelizeBreeze

Senior Member
You are correct. You have the right to change the by-laws. However, it will not help in this situation since the unit is already rented and 'grandfathered' in under the old by-laws.

I suggest you sit down with your board and rewrite the by-laws with the help of an attorney to consider these types of situations in the future.
 

HomeGuru

Senior Member
mellow75 said:
undefinedWhat is the name of your state? Florida

I am the president of my HOA, and the villas are classed for use for single family residence. As I have just moved in a year ago, I have found that our by-laws do not reflect any restrictions in regards to renters. Recently one of the units sold and the new owner rented his unit. He has admitted that the unit although rented to one person(backround check completed etc) it has been subleased and is housing 3 employees of a construction company. The person that is on the lease has never occupied this unit and just happens to be the "boss" of these employees occuping the unit.

Since our by-laws do not cover anything about owners renting the unit what rights do we have to change what is happening? I know he have to change the by-laws to address this issue, but do we have any rights since the lease was subleased? And do I as President of the HOA have a right to obtain a copy of the lease and it's terms?

Thank you
Melissa

**A: read the CC&R's and have the HOA hire an attorney.
 

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