usernamelittlebit
New member
What is the name of your state? What is the name of your state?California
I live in a condo complex with 4 units. Our CC&Rs states: Units are not to be leased or rented. Units are to be Owner occupied. I have lived here for 23 year and I have handled the escrows demands for all of the current owner. Buyers never read the CC&R before they close escrow and the buyers agent never informs their client of the HOA of this restriction. I submit a document called ACKNOWLEDGEMENT OF RECEIPT OF XXXXXX HOA GENERAL POLICIES, PROCEDURES AND REGULATIONS to to the buyers agent. The buyers agent never returns the signed document back, ever, so I submit the same document to escrow and I don't provide escrow the HOA's final demands until I receive the document back with the buyers signature on it.
The HOA GPP&R covers parking, assessments, including the following section of of our CC&Rs:
ARTICLE 2, SECTION 2.1 of XXXXX CC&Rs states:
The units shall be occupied and used by the respective Owners only for private single family residential purposes. Units are not to be leased or rented. Units are to be owner occupied.
Signature page includes the following:
An agreement to purchase is assessed as an agreement to follow all rules and policies, as well as the governing documents. This is a legal and binding contracts by anyone who chooses to purchase in XXXXX.
Please sign below to confirm that you have received XXXXX HOA GENERAL POLICIES, PROCEDURES AND REGULATIONS, and that you have read and understood them, and agrees to abide by ALL provisions therein.
Final demand will not be provided to escrow and therefore escrow cannot close until XXXXX HOA receives page 4 of this document back, signed, dated and the information requested below filled out.
Despite having signed the HOA GPP&R the owner is moving to Texas and they are planning to rent their Condo. The two other homeowners are on the board and don't plan on doing anything about it. Before I approach the homeowners I want to make sure of my facts. My question is can I as a board member hire an attorney to enforce the owner occupied requirement even if the other board members don't want to? Does the HOA have to pay for the attorney if I procced on my own? Do you feel that the HOA or myself would have a judge rule in our favor or in favor of the homeowner that wants to rent their unit?
I live in a condo complex with 4 units. Our CC&Rs states: Units are not to be leased or rented. Units are to be Owner occupied. I have lived here for 23 year and I have handled the escrows demands for all of the current owner. Buyers never read the CC&R before they close escrow and the buyers agent never informs their client of the HOA of this restriction. I submit a document called ACKNOWLEDGEMENT OF RECEIPT OF XXXXXX HOA GENERAL POLICIES, PROCEDURES AND REGULATIONS to to the buyers agent. The buyers agent never returns the signed document back, ever, so I submit the same document to escrow and I don't provide escrow the HOA's final demands until I receive the document back with the buyers signature on it.
The HOA GPP&R covers parking, assessments, including the following section of of our CC&Rs:
ARTICLE 2, SECTION 2.1 of XXXXX CC&Rs states:
The units shall be occupied and used by the respective Owners only for private single family residential purposes. Units are not to be leased or rented. Units are to be owner occupied.
Signature page includes the following:
An agreement to purchase is assessed as an agreement to follow all rules and policies, as well as the governing documents. This is a legal and binding contracts by anyone who chooses to purchase in XXXXX.
Please sign below to confirm that you have received XXXXX HOA GENERAL POLICIES, PROCEDURES AND REGULATIONS, and that you have read and understood them, and agrees to abide by ALL provisions therein.
Final demand will not be provided to escrow and therefore escrow cannot close until XXXXX HOA receives page 4 of this document back, signed, dated and the information requested below filled out.
Despite having signed the HOA GPP&R the owner is moving to Texas and they are planning to rent their Condo. The two other homeowners are on the board and don't plan on doing anything about it. Before I approach the homeowners I want to make sure of my facts. My question is can I as a board member hire an attorney to enforce the owner occupied requirement even if the other board members don't want to? Does the HOA have to pay for the attorney if I procced on my own? Do you feel that the HOA or myself would have a judge rule in our favor or in favor of the homeowner that wants to rent their unit?