The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Re: Can i roll into month-to-month w/o HOA approval? - Landlord Forum thread 357898

Re: Can i roll into month-to-month w/o HOA approval? by Katiekate (New York) on June 27, 2018 @01:46

                              
Oh my, what you wrote is not true.

The By-Laws, and the Rules and Regulations as they are contpstituted by State Law, and recorded in the registry of Deeds does indeed give the HOA the authority to evict tenants. And they are indeed party to the lease. The BY-Laws make them party to the lease. The buyer agreed to all that when they signed the purchase of the place. The Rules and Regulation require the owner to include the HOA in the lease..complete with the rules and regs.

I have sat on the Board of Governors for HOA s and even re-wrote the Rules and Regulations for one. STate Law gives the HOA that authority...the By-Laws exercise that authority.
[ Reply ] [ Return to forum ]

Re: Can i roll into month-to-month w/o HOA approval? by DA (FL) on June 27, 2018 @04:43 [ Reply ]
So the HOA didn't accept the month-to-month portion of my lease even though they specifically had to approve my lease? I feel like the burden of oversight falls on them. The fact that they didn't read my lease and approved it anyways is their responsibility; the reason we need to submit a lease for approval in the first place.

More importantly, are they allowed to evict my tenants when they deny the extension?
Re: Can i roll into month-to-month w/o HOA approval? by Anonymous on June 27, 2018 @05:47 [ Reply ]
I think we're both right on this one. Yes the hoa language in most CCR's speaks to tenant occupancies and hoa rights and controls, but I think in actual practice the hoa would put the pressure on the ho to correct the problem or get rid of the tenant. The community has much more control over the owner than they do over the owners tenant.

I'd be curious to see what the attorneys among us in various jurisdictions who practice hoa and or lt law have to say about what the judges are actually saying from the bench.

What I do wonder is if an hoa can actually file and start an eviction against an owners tenant, joining (adding) LL as a co petitioner without the LLs actual permission and what a judge might actually do when tenant and or owner / LL appear and want case thrown out on basis of lack of standing ?
    Re: Can i roll into month-to-month w/o HOA approval? by DA (FL) on June 27, 2018 @08:11 [ Reply ]
    Part of the issues with my HOA (the reason I got an attorney involved in the 1st place) was that they tried to evict these tenants without due process & without sound reason; they were even fabricating "evidence". It was really shady, hense my getting an attorney involved.

    Given the circumstances, I KNOW they will deny & promptly follow-up with an eviction notice, yet again. I need to know if I have a leg to stand on here. The attorney/realtor is just telling me "we'll cross that bridge when it happens".

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google