Does your HOA get to approve your sales/rents?

[Jerry1]

If these restrictions causes a registered sex-offender or other undesireable to move on to associations that don't have an approval process then that is fine with me.

The association can't really be too restrictive in their process or they risk discrimination lawsuits... they know that and therefore are judicious in their decisions.

If a sex offender or other felon who had fully served their time was denied, wouldn't that be grounds for discrimination anyway?

Personally, I have never lived in a property with an HOA. It doesn't sit well with me to ask permission. I'll probably end up in one some day when I no longer want to do yard work or shovel snow, but I plan on putting it off as long as possible. At least with the City, they have to pass an ordinance and enforce it equally (for the most part). However, that's still distasteful to me but no real way around it. It wouldn't bother me if they would just enforce building codes be met, but basically, it's just a way to use your improvement as a way to tax you more.

 

[Bamaman]

My aunt inherited her father's 24th floor penthouse in Ft. Lauderdale on the Gault Ocean Mile. It's one of those properties where the cars are Jags, Mercs. and Rolls. My single and somewhat dull female cousin tried to move in, but she was turned down by the HOA for being unmarried.

It's just another example why I never cared for HOA's. But now times have changed to where discrimination for gender, race, sexual preference and religion is not accepted or legal. Boy does that HOA have something to look at today.

 

[pb4uski]

If a sex offender or other felon who had fully served their time was denied, wouldn't that be grounds for discrimination anyway?

Personally, I have never lived in a property with an HOA. It doesn't sit well with me to ask permission. I'll probably end up in one some day when I no longer want to do yard work or shovel snow, but I plan on putting it off as long as possible. At least with the City, they have to pass an ordinance and enforce it equally (for the most part). However, that's still distasteful to me but no real way around it. It wouldn't bother me if they would just enforce building codes be met, but basically, it's just a way to use your improvement as a way to tax you more.

I dunno on the first part... I would think that the association would need to consult with counsel before any denial to make sure that they are on solid ground and the denial isn't discriminatory.

I had never lived in a property with a HOA until we bought our condo in 2016. I actually like it... the restrictions are not onerous... for example, you can have whatever you want for window coverings but what shows to the outside must be white/off-white... I don't see that as unreasonable and it add to the neighborhood IMO... much more attractive than many apartment buildings that I see with a plethora of different colored window coverings.

 

[pb4uski]

The proposed doc says that an application must be provided by the owner, to the HOA, no less than 30 days prior to any proposed sale (with a fee). The association will then run background checks (criminal, credit, finance) and may require an interview. HOA has 30 days to approve or deny, and if they do neither, the owner can't move forward. If they do, the sale is null/void.

That says to me "you can't say "sold!" until the HOA says you can, and they reserve the right to take a month to say you can.

Today they have no involvement, now it seems they rights of first refusal. If it was 3 days I'd be less concerned, but 30 seems like a long time.

Yes, I agree that 30 days is extreme... our association has 15 days... and I would also agree that there need to be protections put in place to prevent the association from unreasonably withhholding approval.

 

[gauss]

If a sex offender or other felon who had fully served their time was denied, wouldn't that be grounds for discrimination anyway?

Discrimination? - yes but likely not illegal discrimination, at least not at the Federal level.

Unless sex offenders are a protected class in your state or municipality then my understanding is that they can be legally discriminated against.

My rental condo HOA passed restrictions recently such as no sex offenders allowed to reside and rules limiting rentals. Was not happy about either of these and yes I did attend the meeting and raise the issue of lowering property values.

-gauss

 

[Aerides]

Well meeting tonight was a lot of shouting (there are multiple changes including these, being proposed), and the good news is the current bylaws require 75% acceptance of all members to pass (not 75% of turnout, but literally 75% of all residents to say aye). So, as is, nothing will happen.

The board is now going to form committees to rework the changes to have more buy in and acceptance. I've asked for data showing how competitive we'll be with similar area neighborhoods, as well as pushing to consider a proposal for implementing this for rentals only for now, pushing that 30 days down to 10, and then looking at sales next year, if that.... I will probably get on one of these committees too.... oi...

 

[pb4uski]

Another thing to consider... in addition to an affirmative vote of the membership (50% in our case as I recall) in our case the changes also needed to be approved by each mortgagee before they could be recorded with the county and that process is proving to be very time consuming as I understand.

Ours were approved last spring and are still not recorded to my knowledge.

 

[bushpilot]

Wow, if I would have been at that meeting, there would have been even more shouting! I am glad I live in the woods ...

 

[SheitlQueen]

I have condo rentals that are covered by an HOA. We are required to do background checks on any renter. However, I run them and they are done instantaneously. I haven't heard about delaying things for 30 days and there is no reason for that.

 

[brucethebroker]

Actually, IME you are overstating it. When we bought, the seller just mentioned that the association had to approve the sale and since that was typical we accepted it and that was one of the contingencies in the P&S contract. Other than that it didn't affect the sale one little bit. The seller was free to accept our offer and did. Having this constraint doesn't impact property values at all as far as I can tell. Lots of rentals here and essentially the same process for rentals. I think it is a good thing overall.... would you want someone buying or renting that wasn't willing to provide some elementary information? If these restrictions causes a registered sex-offender or other undesireable to move on to associations that don't have an approval process then that is fine with me.

The association can't really be too restrictive in their process or they risk discrimination lawsuits... they know that and therefore are judicious in their decisions.

+1. These rules are quite common in many "high retiree/senior ownership" states. Comments here about the rules being discrimination don't take into consideration that sex offenders, criminals and the "credit impaired" are not protected classes under equal housing rules.

Where the rules are common, local Realtors are familiar with the process, and plan accordingly during the sales process. Very few delayed closings for that reason.

 

[Another Reader]

+1. These rules are quite common in many "high retiree/senior ownership" states. Comments here about the rules being discrimination don't take into consideration that sex offenders, criminals and the "credit impaired" are not protected classes under equal housing rules.

Where the rules are common, local Realtors are familiar with the process, and plan accordingly during the sales process. Very few delayed closings for that reason.

Unfortunately, with the "disparate impact" court cases, that is no longer the case. You must be able to show a reasonable expectation of the individual continuing to behave in the same manner. A murderer that was convicted 20 years ago and has been out of jail for 7 or 8 years without being convicted of another crime would probably have a case. There has been discussion of limiting the use of credit scores for the same reason.

 

[Offgrid Organic Farmer]

I have never lived in a HOA.

Many times we have looked at properties that were within HOAs, but each time reading the details of the HOA contracts scared us away.

 

[Teacher Terry]

We have lived in a few HOA’s. None had to approve a sale. One the person was a little Nazi and we would get letters for weeds in the front yard. It would take us forever to find the few weeds they were talking about. My step son is in the military and when deployed they are not supposed to bother him with any of this but they do. He finally threatened legal action as this is against the law. We sold and left. Very happy to not have one.

 

[brett]

We moved into a small HOA 18 months ago. We love it. Mostly retired professional and/or business people. HOA takes care of lawns and snow removal. Have not heard one complaint from anyone about anything. Large, attached bungalows.

We did review the bylaws prior to moving in. I think the only thing that stood out was no children under 18 or something like that. We have had one meeting. A non event really simply to review the financials and elect the board.

Many of the members travel frequently and there is always someone to volunteer to check on the heat, water etc. We have been able to lock and leave for two-three months at a time with no issues. Doing exactly that next week. We much prefer it to the rental condo where we lived for a number of years.

 

[Music Lover]

Personally, I have never lived in a property with an HOA. It doesn't sit well with me to ask permission. I'll probably end up in one some day when I no longer want to do yard work or shovel snow, but I plan on putting it off as long as possible.

You can hire someone to shovel and do yard work...and it would probably be a lot cheaper than a monthly HOA fee.

 

[Rustic23]

Our HOA,
Annual dues - $515 a year
Board meeting once a month 9 members, open to public. Publishes a news letter monthly. plus website
Provides:
Garbage service,
Pool play ground *$75 annuall charge
Trailer parking area
Common area maint.
24/7 security patrol
Volunteer Fire department
24/7 ambulance *shared with county
other minor stuff

Seems like a reasonable deal, for now.