All Forum Posts by: Janiece DeFreitas

I just did my first purchase in October. My rental went live just in time for Masters, which for that one week covered 3 months of operating expenses. I started initially as a long term strategy, but quickly realized mid-term is the way to go down here. I cash flow about 600/month and 10% COC but one thing I wish I did was tailor my purchase more towards the midterm demographic, which is travel nurses. Wish I picked a house which wasn't near a busy street since it's noisy and nurses like their sleep after shifts.

Aloha,

You need to review ALL of the Governing Docs for your HOA. By-Laws, Declaration, House Rules, or sometimes simply DCC&R's. There are several potential issues. IF the specific document has been PROPERLY amended, they may well have been changed. To do so however, you need to go back to those documents to see HOW they can be amended. Often this is with 2/3 of the entire membership voting in favor, in person or by proxy. The percentage may differ, but the "how" will be described in the original doc. Then you need to check to see if the Amendments were properly recorded at your Court House or other Property Deeds repository, and that all Owners were provided proper notice of them, including copies.

IF, on the other hand, the new restriction is documented in the House Rules, you may well find the Board alone, by its majority, can add, change, or delete certain House Rules. These rules typically can only limit Resident and Guest actions/behaviors in Common and Limited Common areas; and the "use" of the owner lots/units. Architectural controls are also commonly considered rules that the Board can also modify. Again you need to confirm all Owners received proper notice of the update and copies of the new documents.

As @Bill B. mentioned, a sub lease is not a short or long term rental...different documents, different rights.

One last note, do not waste your breath talking or phone calling. Put your questions in writing, sent Certified Mail Return Receipt Requested, to the Board of Directors at the proper point of contact for the Association. This would not usually be an individual Board Member. It would be the Managing Agent, Account Manager, or someone similar. Keep emotions out of your letter, stick to clear, concise, facts, and yes, request them to provide you chapter and verse of where their authority on this specific issue is found.

What is in writing is what will hold up in court.

Ask them to reference the section of the bylaws that says what they are telling you. 

So @Janiece DeFreitas, the written by-laws are what should be referenced, but if you haven't bought something in that neighborhood, don't.

What they have told you on the phone should tell you where things would be heading with the HOA. It ain't good for anything by LTRs.