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Updated over 4 years ago,

User Stats

130
Posts
137
Votes
Satyam Mistry
  • Investor
  • Omaha, NE
137
Votes |
130
Posts

HOA Restricting Rentals

Satyam Mistry
  • Investor
  • Omaha, NE
Posted

Hello, I know this is a common topic that comes up, but wanted some input on best way to proceed with this particular situation. I have 3 condos in a community of about 70 units that are managed by an HOA as well as a PM company. I have had these as rentals for 4 years & maintain them with good tenants. The board is going back to stricter regulation of the bylaws & owners are required to submit their request for renting units. I have submitted this request via 1 page letter to the property management company that will submit it to the HOA board & am waiting to hear back. I have maintained clean, updated units, always been accessible to the HOA in case any issues arise, & paid my HOA monthly fees on time each month for the past 4 years.

I wanted to know in case the board does not approve the request is there anything additional I can do to possibly get them to reconsider that others may have had success with? 

Below I have copied and pasted exactly what is written in the bylaws regarding leasing a unit. I am not as familiar with the language, but can anyone explain what the procedure is if they do not approve the leasing? It seems as if they will in turn provide a tenant of their choice if they do not accept my request, this seems off, am I understanding that right? 

"An owner intending to make a sale or lease of his apartment shall give the association written notice thereof together with the name, and a current address for, and credit report on, the proposed purchase or proposed lease. Within fourteen (14) days after receipt of such notice, the association, by written notice to the owner of such apartment, may either purchase such apartment on the price and on the terms set forth in the proposed purchase agreement, or lease the property or furnish a substitute tenant for the property on the terms and for the price contained in the proposed lease. If the association shall not have elected to either purchase or lease, by giving such written notice within the time specified, the association shall be deemed to have approved the sale or lease, notice of which shall have been given to the association as above provided, but only to the party this identified and disclosed to the association. The association may notify the owner of the apartment prior to the expiration of the period of time within which the association may either purchase or lease, as above provided, of its intention not to so purchase or lease, which notice shall also be deemed to be an approval of the sale or lease, but only to the party thus identified and disclosed to the association. The foregoing provisions granting a privilege of first refusal to the association shall not apply to any acquisition of ownership of such apartment through foreclosure of a mortgage upon such apartment."

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