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Can i roll into month-to-month w/o HOA approval? - Landlord Forum thread 357860

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Can i roll into month-to-month w/o HOA approval? by DA (FL) on June 26, 2018 @11:01

My HOA has been a nightmare with me and my tenants; I've had to hire an attorney once to tell them to stop the targeting (long story). My house is currently on the market, while the tenants live there, with seeming interest. My question is: If my HOA had to approve my lease prior to my renters moving in, did they approve the month-to-month portion of that lease; therefore granting my extension without need for further approval? (I ask bc my renters want to stay until the house is sold, and I obviously want to collect rent until it is sold but, bc of our relation, I know they will deny my extension).

In the HOA's Lease Agreement: "No lease shall be for less than 6 months or for more than 12 months. No more than 2 leases in a 12-month period are permitted. Renewals or extensions of leases are subject to approval by the Board of Directors."

In my Lease Agreement (which had to be attached to the HOA's and had to be approved before it was in-effect): "...holdover constitutes a month-to-month extension of this lease, with all other provisions of this rental agreement..."
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Re: Can i roll into month-to-month w/o HOA approval? by dave on June 26, 2018 @15:55 [ Reply ]
welcome to the world of co-operative home ownership communities, pud's or whatever name is in fashion at the moment.

my uncle used to say that these would be the slums and crime territories of the future.

Frankly I as a LL never liked a board of volenteer non real estate people telling me how to manage my property,....but what has happened over the years, that there are now a lot of bad, lawless investors and accidental LL's who don't know what they're doing,...or care, the the HOA's in an attempt to just have the community survive with some order and value,....have taken a very very hard and restrictive line in the sand,.....for everyone.

Banks have now gotten harder with master mortgages for these communities, cutting the ratios of tenants to owner occupied units, which up's the pressure.

It seems you've got some operational problems between you and your tenant on one side and the HOA or their Management company on the other.

That's a real bad spot to be in.

I would not be trying to sell a tenant occupied unit.
no matter how desperately I needed the rent money.

I would not buy an individual tenant occupied unit, no matter how good the deal, or how high the cash
Re: Can i roll into month-to-month w/o HOA approval? by dave - again on June 26, 2018 @18:03 [ Reply ]
the HOA is not a party to the lease between you and your tenant. They have no legal right to evict your tenant. The HOA CAN and would go after you as the unit owner with fines, liens, whatever.

you're on their radar,...and your ''wonderful'' tenant can turn on a dime,...which he might well do if the HOA turns up the pressure.

Then,....everyone is writing everyone lawyer letters about harrassment, peaceful and quite enjoyment, emotional distress, restraint of trade, habitability, decrease in services, etc, etc, etc.

I think other seasoned LL's would chime in with similar advice.
Re: Can i roll into month-to-month w/o HOA approval? by June on June 28, 2018 @09:49 [ Reply ]
If you do not like to be subject to HOA'S and their control, do not invest in such a property. Just buy single family homes or 2,3,4 or 6 flats. Personally, I sold my condo property because of the hassle and aggravation of all the control and "oversight". Was a PITA. (Pain In the ___)

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