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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My wife and I own a condominium in Lake of the Ozarks, The

Customer Question

My wife and I own a condominium in Lake of the Ozarks, The ownership interests are changing to more retired people than people with young familes, the association tried to ban owers from renting but were unsuccesful, now the are requiring a rental contract by included with every rental lease I have. They require me to sing it aas well aggreeing to all the provisions of the declarations and by-laws they also make my tenant sign this. They resrict certian rights of my tenants like a tenant can not have a cooler at the pool, an own can, a guest of an owner can even though, the owner isn't present, than tried to ban renters from parking in certain parking areas even though the declaration says the board cannot assign parking. The most troubling thing to me as an ower is that board make me sign a contract ever time someone rents my unit , and owners who let friends use their condo, or other non-owner occupied uses do not have to enter ito contracts ever time so one eles uses their condo
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 6 months ago.
Is the board exceeding powers provided by in the articles of organization/bylaws/minutes? what outcome are you seeking?
Customer: replied 6 months ago.
The declaration includes a provision that ny unit may be rented and as resort rental,than states ever lease must include a provision establishing the Board as the Atty in fact and the requiring to surrender their power of attorney to Board, to enforce rule and evict, they have exceed their authority by not allowing for a hearing in front of the full board for a permanent conviction, the current Declaration says they can only remove someone for a period of 2 days then must have a hearing in from of the full board, they dont provided for that in the contract, there is no provision in the declaration that allows the to require unit owners to enter into a contract with the assn. there is a statement in the declaration that the board may require a form to be signed agreeing to the temporary removal process, no amendment to the declaration has been approved that would let them alter the removal process, there has been no approval to give them authority to treat renters separately like renters can't have coolers at the pool or renter can't park in the main lot,
Expert:  Infolawyer replied 6 months ago.
from what you mentioned they are exceeding authority and violating internal rules. No provision allows them to so act. Therefore the normal proper recourse is a lawyer letter warning them to cease and desist. That is typically sufficient but if needed can also consider a state civil lawsuit seeking an injunction and damages.
Expert:  Infolawyer replied 6 months ago.
Kindly let me know if that is clear and acceptable.

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