Harassing HOA and unwritten rules
so long story, but I will try to make it brief. Parents are retired and we're in the market for a condo in which they could live in for the winters and rent out via weekly/airbnb during summer. They found a nice condo by the beach in a small 10 unit building with no rental restrictions. After closing and moving in a new neighbor and them were talking and when informed of my parents plans, they informed them that her husband was on the HOA board and would never allow weekly rentals. Her and another neighbor then proceeded to mildly harass and bother them constantly about anything and everything I.e. Making noise when closing outside gate and coming out and just being nosy if they were eating on the common area patio amongst other little things. My parents decided to sell and just cut their losses rather than fight the board and deal with them. During an open house they had yesterday the neighbor came to it and informed the realtor that she's wants to tell all potential buyers that there Is a minimum 1 year rental restriction even thought ccr says none. Also unit on other side rents to traveling nurses who may only stay for a few months to 6 months at a time and when realtor stated that fact to lady she said yea but that's the the other side of the building (10 units, 5 on west, 5 on east separate common areas). My question is what is the best way for my parents to handle the situation? The HOA will never put a written rule on restrictions because it will decrease property value but they have enough power where if my parents were to fight it they may change ccr. Also what do we do about neighbor who feels she has a say on every thing that happens on her side of building? Thanks
@David Robrecht they (the neighbors) cant make up their own rules, the CCR's are what they are, although only being 10 units, they could very easily get the votes to change the rules. I would think checking in with an attorney that specializes in HOA/COA law would be most helpful. I m sure that they dont want the association to get into a legal battle and the costs of doing such. You might be surpised that not everyone in the complex may think as these two do.
#2 General Landlording & Rental Properties Contributor
You do not fight the HOA. They are in essence your landlord. List it, sell it, move on. Not everyone is cut out to live with a HOA and they are the biggest reason why investing in condos for rental purposes is a bad idea. Home owners do not like renters in their buildings mainly because they create issues and devalue a property. Home owners want like minded individuals in their community so as to better insure pride of ownership. Tenants and transients do not have pride of ownership.
My opinion is based on maintaining respect for all landlords, HOA or otherwise.
my parents are at the point where they are fine with selling to get rid of the headache. The issue is these neighbors want no restrictions on paper but want to tell all potential buyers that there is a minimum year rental if anyone were to purchase this property. Essentially they want their cake and to eat it as well as they are keeping no restrictions in ccr for when they sell but making it so that anyone who views our property is informed that they will enforce a minimum 1 year lease rule which greatly devalues our property to potential investors.
#2 General Landlording & Rental Properties Contributor
The fact is home buyers will pay more, and there are far more of them looking to buy, than investors so they are probably doing you a favour. Follow their rules and find a home buyer.
@Thomas S. Not sure about your market, but in the San Diego beach market properties that are permitted to be used as vacation rentals go at a premium price. This is the reason why the HOA has no restrictions whatsoever in their CCR. You state to follow their unwritten rules and list it as a 1 year minimum rental restriction even though there are other owners who have tenants that rent for periods of only 3-6 months in the same building, same HOA, but different side of building so different neighbors.
#2 General Landlording & Rental Properties Contributor
I see specialised area, unfortunate they did not make your parents aware of the rule before they bought. It makes scenes condo owners living in building do not want a lot of transient renters coming and going all the time. Lesson learned.
@David Robrecht- If you've have already decided to sell it, I would simply provide the CCR's to the MLS listing as an attachment and not mention anything about a 1 year minimum restriction as it isn't enforceable if its not in the CCR.
I had a similiar issue with an HOA regarding pets. Nothing was listed in the CCR and my tenant got a cat and the HOA said NO PETS. I said "show me in the CCR where no pets were allowed". They provided a handbook of Rules and Regulations. Someone in the HOA decided they didn't want pets so added it to the Rules and Regulations. They threatened litigation and I said go ahead and they dropped it since it wasn;t in the CCR. When push came to shove, I shoved.