Im having an HOA issue with one of my rental properties and would appreciate any advice.
I have a rental in a neighborhood with an HOA. Recently they decided to add a "Rental Reporting Policy" which essentially includes a $250 fee and a $1000 fine if owners do not report yearly who their renters are. Ive challenged them on this since there was not vote by the homeowners, that im aware of, and they essentially quoted as 2008 law that says the the board can:
(18) Exercise any other powers necessary and proper for the governance and operation of the association.
The reason they have implemented is that there was a bad landlord that allowed a tenant to rent that eventually got busted for drugs.
WHile im supportive of the policy, and knowing who is in the neighborhood, a yearly fee to keep an excel spreadsheet, with a fine, seems to me to be a profit point for the HOA management company. I even offered to keep the document for the community for no charge in order to save money.
After that offer to help, the HOA president basically told me they were keeping the policy and he wouldn't be responding to my emails anymore.
I understand that without seeing all the HOA documents, it would be touch to give a firm opinion, but any opinions would be appreciated.
HOA boards and government officials can be very irritating with ridiculous requirements. The key is not to get too sucked in where you are wasting a lot of energy and time.
It is probably easiest to just send them the requested letter. Or, if you don't want to proactively support the rule, just wait until they contact you. (Most HOAs wil notify you of a violation before immediately jumping to a fine.) They may get tired of sending you letters and just stop.
@Keith Shackleford an HOA board can generally write policy without a vote. They cannot change the CCRs without a vote. I agree that knowing who is living in the community and how to contact them is a reasonable request. I agree that charging each landlord $250 to maintain this list is excessive. I would request and read the minutes of the board meeting where the decision was made to get insight. Then I would request to be placed on the agenda and I would attend the next board meeting (hopefully with other landlord / owners) and formally request that they waive the record keeping fee or publicly offer to volunteer as a "landlord" committee to keep track of the info for them for free. Now it is documented in the minutes. It does sound like they are punishing the good guys for something a bad guy did - reiterate your support of a good neighborhood and good tenants.
Our board’s mandate a new census card (sheet with current info of residents (tenant or owner)) be submitted each year and whenever there is a change. We charge $150 per month this is not submitted when due. The purpose of this is for security. I would agree that the fine is unreasonable. It shouldn’t be meant to be a profit center, but security is necessary especially in co-op’s.
Don’t be a lazy landlord. Just send the info every year with your tenants Info - nothing difficult about that.
@Christopher Leon do you think if im on a real estate forum discussing HOA issues that I would be a lazy land lord? As noted I don't care about sending the info, I have already been doing that. I don't want to pay $250. Come on dude.
my comment wasn’t intended to give you a hard time or infer you were lazy. Don’t take it personal. Best of luck with the unreasonable fees
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