I just received an e-mail about the new rules and regulations being promulgated at an HOA property where I manage some rental units.

They are to be effective TODAY*April 1 * and were approved by the board of directors earlier this week.


NOT SO FAST!  These rules should

1) have been provided at the time of the signing of the lease for Virginia common law leases; OR

2) with REASONABLE notice and they can not MATERIALLY change the tenants' bargain in their lease.

SO * what is a HOA to do? 

First * use the rules and regulations in the by-laws and CC&Rs to develop them.

THEN, IF they need to be changed; do so PRIOR to an Annual Meeting of the Unit Owners AND provide them with the notice of that meeting.  Have the changing of the Rules and Regulations as an item on the Annual Meeting agenda AND then have the ENTIRE membership attending the meeting * either in person or by proxy * vote and PASS them.

To just have the board of directors approve them and then spring them on the unit owners and residents * owners and tenants * may well be ineffective if a stitch is dropped along the way.

HOA/PUD rules are often written without residential tenants or THEIR rights taken into consideration.....covering ALL the bases is a must.

 

Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.

LandlordWhisperer

View our available Charlottesville, Albemarle and Lake Monticello rental homes online with photos and floor plans


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4 Comments on Sometimes the RULES DO NOT Apply! HOAs Need to Take Residential TENANTS Into Account!

APR
01
2011
379,175 Points 5 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Wallace, 

This is so critical.  First, I cannot imagine an HOA where a Board can just change the rules.  We are very careful about our by-laws and I convinced a commercial real estate attorney to be president when we had an owner who wanted to do away with ANY rentals.  Some of the tenants are better than owners:-)

Very true that these are not that easily changable and need to be published with the community so that they can be shared as part of a lease. 

All teh best, Michelle
1:49pm • #1
1,023,494 Points 66 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Michelle * this post is almost verbatim my e-mail to the HOA president....I don't need to READ the HOA rules to know that just because they are created by the board, it does not make them automatically applicable to the tenants in the property
2:02pm • #2
649,812 Points 69 Featured Posts Outside Blog Attended Rain Camp

Hi Wallace - The BOD can't do that without a vote of the owners.  A by-law change normally requires that owners to approve them.
4:05pm • #3
APR
03
2011
1,023,494 Points 66 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

They think they can...if the rules or regulations are reasonable, I have no problem; however, if they attempt to curtail parking, etc. then they have a problem
3:02pm • #4

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Wallace S. Gibson CPM *

LandlordWhisperer

Charlottesville, VA

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Gibson Management Group, Ltd.

Office Phone: (434) 825-1933

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