Looking for advice on a HOA trustee breaking the bylaws

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Looking for advice on a HOA trustee breaking the bylaws

Marc V Palmeri
Rental Property Investor · Boston, MA · Member since 2017 · 39 posts · 10 votes

Hi,

Its recently come to my attention that one of the trustees of our condo association is short-term leasing their unit in violation of our bylaws (which require rentals to be at least 1YR terms).  I find it alarming that a trustee either doesn't know the bylaws or is purposely breaking them to serve their own interests.  I feel like it's one of those situations where it's not an egregious enough for there to be any real recourse, however, I find it extremely unethical that this person whom is supposed to be making decisions in the best interest of the collective owners is willing to break the rules to advance their own interests.  Has anyone dealt with a similar situation before that could provide some advice on what to do about this?

thanks,
Marc

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Taylor L.
Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
4y
Originally posted by @Russell Brazil:
Why are you against the condos being used as short term rentals?

I can answer this one!

We banned them from a condo complex because they disrupt quiet enjoyment of the property for actual residents and owners and result in higher costs not covered by condo fees. Condo complexes aren't hotels.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y
    Why are you against the condos being used as short term rentals?
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  • Account Closed
    Flipper/Rehabber · Quincy, MA · Member since 2016 · 53 posts · 35 votes
    4y

    If you haven't done so already, send a written complaint to all the trustees and the property manager. They may already know about the violation, maybe not, but this is the first step to take.

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  • Taylor L.
    Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    4y
    Originally posted by @Russell Brazil:
    Why are you against the condos being used as short term rentals?

    I can answer this one!

    We banned them from a condo complex because they disrupt quiet enjoyment of the property for actual residents and owners and result in higher costs not covered by condo fees. Condo complexes aren't hotels.

    1Reply
  • Marc V Palmeri
    OP
    Rental Property Investor · Boston, MA · Member since 2017 · 39 posts · 10 votes
    4y

    @Russell Brazil I find this question odd.  I'm not sure what my personal feelings on the situation have to do with it.  Are you suggesting that following the association bylaws is voluntary?  The trustees are supposed to be upholding and enforcing these laws.  How am I supposed to trust that this person is acting in the best interest of the collective owners with things like budgeting if they are clearly willing to openly break the same laws to serve their own interests.

    @Account Closed Thank you Mark.  I will do so.  

    @Taylor L. Thank you Taylor.  This is precisely it.  They are renting each room individually on a short term basis so there are constantly people cycling through this unit, all of which are given keys to the front entrance and garage door openers.  We've had several break-ins over the past 3 months, so it's a safety issue, an issue of ethics, and an issue with the wear and tear on the elevator and building as there are people moving in and out of this unit after several weeks to several months.    

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y
    Quote from @Marc V Palmeri:

    @Russell Brazil I find this question odd.  I'm not sure what my personal feelings on the situation have to do with it.  Are you suggesting that following the association bylaws is voluntary?  The trustees are supposed to be upholding and enforcing these laws.  How am I supposed to trust that this person is acting in the best interest of the collective owners with things like budgeting if they are clearly willing to openly break the same laws to serve their own interests.

    @Account Closed Thank you Mark.  I will do so.  

    @Taylor L. Thank you Taylor.  This is precisely it.  They are renting each room individually on a short term basis so there are constantly people cycling through this unit, all of which are given keys to the front entrance and garage door openers.  We've had several break-ins over the past 3 months, so it's a safety issue, an issue of ethics, and an issue with the wear and tear on the elevator and building as there are people moving in and out of this unit after several weeks to several months.    


     I find it odd that you find the question odd.  If it wasnt something you cared about at all, then it would seem weird if it bothered you.  Lots of people break condo rules. Lots of people dont care that people break those rules. Some condos have rules in their original bylaws that not a single resident obeys but theyve never bothered to officially change because its not worth their time to .  Simply asking why it bothers you is a pretty simple straight forward question to better understand the situation, and doesnt seem like an odd question at all especially concerning where you asked it....on a real estate forum where people constantly complain about this same rule in other condo associations. 

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  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    4y

    I avoid condos for this reason personally, but I've had clients on the other side of the equation who were violating rental restrictions that they either didn't know about or didn't think were being enforced. The response or lack thereof is typically complaint-driven. I completely understand why you'd be upset if the rules are not being followed or enforced evenly. I mean, if one person can get away with it then everyone should be able to do it. What I have seen is formal written notice being issued and if the owner refuses to comply with the rules after that, the HOA simply places a lien on the property. Refer to the bylaws, there should be a remedy and due process for enforcement outlined within them. If I were in your shoes I'd start with a nice conversation with the person who is violating the rules, and go from there.

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  • Robert Frazier
    Developer · Boise, ID · Member since 2019 · 9 posts · 4 votes
    4y

    @Marc V Palmeri

    They aren't laws, they are agreements upheld through contracts. If no one holds them accountable then they can do what they want.

    Don't people believe in private property rights anymore?

    Change the HOA agreement to get rid of this terrible policy.

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