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RENTER
HEADACHES
QUESTION:
I manage a 500-unit
association. One third of the units are rented and that
constitutes 80% of my headaches. Absentee landlords think the HOA office is
their onsite rental management agent. It is generally agreed by resident owners that all
these renters reduce the quality of life on our property. What can the association do to discourage rentals?
ANSWER:
It has been the experience of most associations that high rental populations
cause problems. There are a number of things you can do: (i) amend the CC&Rs
to limit rentals, (ii) levy fines
against the
owner and suspend privileges for rules violations,
and (iii) amend the CC&Rs to give the association the power to evict renters who constantly
violate rules.
OCCUPANCY
RESTRICTIONS
VIOLATE HUMAN RIGHTS?
QUESTION: We have a unit that is occupied
by 10 to 12
individuals. According to the Code Enforcement Department they can't limit the number of
persons living in a unit due to pressure from civil and human rights groups.
They told us to enforce our own restrictions on this. We don't have
any. If we did, can we enforce them if the city has been denied the ability to enforce?
ANSWER:
The best way to deal with
overcrowding it is to
amend your CC&Rs to
adopt a formula limiting the number of persons living in a unit.
Because CC&Rs are recorded private restrictions, you can enforce them
independently of any action or inaction by the city. For the record, I disagree
that reasonable restrictions violate fundamental civil and
human rights.
Sounds like political correctness run amuck.
SUSPENDING
POOL PRIVILEGES
QUESTION: We
have an owner who has been observed engaging in sex with a female
guest at the pool. Can we immediately suspend his pool privileges, or do we have to schedule
a hearing prior to the suspension?
ANSWER:
You cannot suspend privileges without a
hearing.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
The following is related to
last week's newsletter:
 QUESTION: Who is responsible for removing
abandoned dishes when an owner sells?
ANSWER:
It is the owner’s responsibility to remove abandoned dishes on
his/her property. Unfortunately, owners don’t always remove them before selling. Boards can make a demand in escrow (if they know about the abandoned
dish) or order the new owner to remove it. Depending on its location, the
association can remove it and bill the owner for repairs (provided the
governing documents allow for these actions). However, boards should first try to
get the owner to remove the dish before resorting to self-help. |
