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Condo Owners Association Discrimination Against Renters

Discussion in 'Homeowners Associations & Boards' started by Greg A, Apr 12, 2019.

  1. Greg A

    Greg A Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    I have rented a condo for the past 5 years. I've had no issues with the landlord or the HOA until recently. I've been fined for several violations. Some of the violations did not apply to me as they were cars associated with other condo owners that were parked in front of my unit. In each of those cases I've responded kindly and the violations were dropped.

    However, there are other violations that I am responsible for. I have resolved them and willingly paid associated fines.

    Here is the problem. I have never been provided with a copy of the HOA bylaws. I have repeatedly asked the HOA and my landlord for a copy. Each request, written and via text message, has been completely ignored. I have asked the HOA for direction on landscaping which needs to be cared for in front of my unit. No response. I am certain that I will receive a violation notice when/if my landscaping choices are not in compliance with the bylaws.

    Also, the violations I receive are specific to my responsibilities as the tennant. I know there are items the landlord is responsible for that are also in violation (Deck needs to be painted, two windows need to be replaced, etc). However, the HOA ignores those violations.

    What are my options here. I am doing my best to be a good tenant and neighbor. However, I feel as though I am being harrased and discriminated agains.

    Kind regards!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    This looks familiar. Did you post on another site?
     
  3. army judge

    army judge Super Moderator

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    The HOA has the right to expect all residents, owner or renter, to play by their rules.

    When it comes to renters, it’s up to the landlord (property owner) to enforce the community’s rules, not the HOA.

    You might wish to discuss this dilemma with your landlord so that it can be resolved to satisfy all concerned parties.

    An HOA often requires all rental agreements reference the documents that govern the HOA, including the CC&Ra, along with any other Rules and Regulations.

    HOAs promulgate rules that all residents must follow called covenants, conditions and restrictions (CC&Rs).

    In common areas, rules may include what color the front door must be, whether you are allowed to line dry your laundry outside, whether you can have a satellite dish, types of pets permitted, etc...

    In many ways, these rules are similar to the types of rules established by a property manager of an apartment complex.

    The Rules and Regulations are most likely the documents you'll deal with in your daily life.

    These would include a list of precedents regarding menial things: where your trash bins should go, how many pets are allowed on the property, how tall your fence can be, etc...


    This blog might help further:

    The Do's and Don'ts of HOA Rental Restrictions
     
  4. Greg A

    Greg A Law Topic Starter New Member

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    No. This is the first post.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Options for what? Obviously, you can continue to try and obtain copies of the relevant documents. Otherwise you can move.

    SMH...there's no harassment or discrimination going on here. It's your landlord's responsibility to get you copies of the rules. If you knew when you were moving in that there was an HOA in charge, you should have obtained copies of the rules when you signed the lease.
     
    army judge likes this.
  6. Greg A

    Greg A Law Topic Starter New Member

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    Thank you! I understand and appreciate the need for rules. However, I cannot get a copy of the HOA rules. I've asked both HOA and Landlord on several occasions. The rental agreement only references the necessity of complying with the bylaws. Understandably, I am being held accountable for compliance. Yet, I do not know what I do not know.
     
  7. Greg A

    Greg A Law Topic Starter New Member

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    SMH right back. Thanks for the zero help zddoodah... As stated I have asked on multiple occasions for the bylaws. Hmmm...move is an option. Didn't think of that!!! Geez...maybe I don't want to move
     
  8. zddoodah

    zddoodah Well-Known Member

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    Not sure why you're being pissy. What exactly were you looking for? It's certainly reasonable for you to expect someone to provide you with copies of the rules you are expected to follow. However, the HOA has no obligation to you. Your landlord -- the person with whom you are in privity -- should be providing them to you. Your options are exactly as I explained them. Should have have suggested options that don't exist?
     

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