HOA Rules and Regulations

7 Replies

Hi All,

I'm looking for some legal advice regarding condominium associations. My goal is to add a few rules and regulations to our current bi-laws, particularly regarding unit owners who want to rent their unit and also for potential buyers of units in the complex  I live in the state of Connecticut.  I can definitely get more specific with what i'm planning to do once I find the right contact. Thanks!

You need to talk to a lawyer in your area. I wouldn't listen to any one else.

Generally speaking  you propose the rules to the board , the board then sends the proposed changes to the owners and after a amount of time they vote 

Jim and Matthew gave you good advice. In my HOA experience (30 years in TX with a lot of rentals and flips so a lot) not only are boards reluctant to take changes to the membership, unless they can see a benefit to themselves, this sounds like something that will mostly benefit you, but might be salable as benefiting everyone if it keeps values up. However, in every HOA I've been a member of, up to 2,000 once in Houston and several more between 600 and 1100, to the 23 members where I live now in Colorado, changes in by-laws require an affirmative vote of 75% of the membership. Since we're lucky to get 10 households represented at our meetings, and since I quit as president the current board sometimes have the opinion that the "by-laws" are "by-suggestions". I have to constantly point out that it doesn't work that way!

Best attend a few board meetings and get a feel for the board before you make any suggestions. Let them get to know you first.

It is usually a good old boys club that does not warm up easily to new faces.

Thanks for the responses, so perhaps I should get into a bit more detailed. My complex is very small, we are only 11 units, we have been dealing with a problematic tenant for a while now and I would like to know what the board can do to remedy the situation, his landlord, although very nice is taking a very relaxed approach and not doing much, meanwhile the tenant has had the police called on him and has also threaten and become verbally abusive to a few people that live there. I'm part of the board and I feel confident that I can implement changes, I'm just curious as to how far the board can go, for instance can the board force an eviction? what options does the board have to deal with problematic tenants?? Thank you all again for your input!

The best option is for the HOA to enforce the rules and levying fines, asap. The fines will get the landlord moving quicker!

@Marcony Simoes so rather than bring in the strong arm of the HOA why not use the existing laws to deal with the situation. For example if your 11 units were all houses on a block what could you do? My advise would be to investigate legal means of the individuals to deal with the bad tenant. They might investigate a restraining order against the tenant for those that have been threatened. It's easy to blame a landlord when in fact the exact same thing can come to pass with an owner occupant. To think that jerks and no-goods don't have the means of purchasing, is true. The good thing about tenants, is that they change more often than owners.

The fact is that most tenant behaviors can't be controlled by the landlord. The bottom line is that unless the tenant is not paying rent, most courts won't evict for bad behavior. Another option is if the tenant is month to month the landlord might be able to give notice and have them move. That tends to be expensive. In addition, some areas don't allow the termination of a month to month agreement without "just cause".

It's clear you don't like the tenant. Perhaps you and your neighbors could offer to pay the landlord for the vacancy and then advertise and screen the new tenants so you could pick your new neighbors. 

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.