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by Moonstone on November 27th, 2005

Moonstone

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I had a condo furnished for rent. People ask for a short term lease, but our HOA rules state lease has to initiate for one year. What are the legal consequences if I break this rule?

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Answers. 3 helpful answers below.

  • by DeDe99 on January 31st, 2007

    DeDe99

    Make sure to have a copy of the CC&Rs and/or Bylaws and consult an attorney.

    The HOAs are starting to make some strange rules regarding renters and they are not always in compliance with the local, state, and federal laws. (I'm told that they do not have the right to determine the length of your lease, but cannot advise you to the specific laws applicable to your area.)

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  • by Ankhorite on February 1st, 2007

    Ankhorite

    INITIATE for one year? Hmmm... does the HOA state what kind of provisions you must have for people who want to break their leases? For instance, could you put in a provision that if the lease is "broken" at the six-month point, there will be no penalty?

    Six months, or whatever months work for you & your tenant... if the HOA didn't cover this, they left a giant loophole.

    But this is not legal advice; for legal advice, see an attorney licensed in your jurisdiction with expertise in landlord-tenant and condo laws.

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  • by This Daley has a new bundle of joy on February 1st, 2007

    This Daley has a new bundle of joy

    We had similar issues in both CA & WA states. In one case the HOA would not lets us rent to anyone who was not a bona fide family member.

    We pled hardship and leased the units anyway. We did not do it long term from renter to renter (because we could not keep claiming hardships!) but it worked when we needed it to.

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