Updated over 8 years ago on .
Owner occupancy clause - early exit
Good evening all,
I was wondering if anyone has any experience with getting approval from lender to rent unit prior to 1 year. This is my 4th property, so the other 3 are rented. I started buying in 2013 in properties with the intent to buy, fulfill the mortgage obligation, and then buy another. I have since done that with the first and second properties I bought. The third property I bought was with an investment loan about 3 months ago right around same time I bought my 4th as a primary residence. The main reason why mentioned getting the investment loan is because I truly have no intent to deceive anyone.
I have been living in my unit now for about 3 months now. I had promised my fiancée that just because we were moving frequently, I wanted her to still be in places that felt homey. We have painted, hung drapes, hung our things on the wall and had every intention of staying the 1 year. Now my dilemma - I bought a unit in a 42 unit condo above a garage door. The building is the nicest in my town, so I expected to have an easy time getting them to convert from chain drive to belt, new rails, etc... despite great reserves, I've pretty much got a denial from mgmt company to change anything. They are also. It enforcing rules of garage only being used for cars, as people use it for bikes, walk through if they park outside, etc. The only big problem in this is there appears to be 2 people that get home and leave at 12 and 430am every day. I am not woken by it but my fiancé is every day. (We tried white noise, etc).
I'm considering both filing a suit against the hoa, which under terms of the hoa would go to arbitration. I feel like I would win this for future renters, but unsure of how long it will take. And also asking lender for an early out. Has anyone heard of smaller things such as this being grounds for a lender to allow renting before 1 year?
Any insight would be appreciated.