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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am a condo owner in a condo community. Without intent of

Customer Question

I am a condo owner in a condo community.
Without intent of breaking any rules I leased my condo after being unable to occupy it myself for health reasons.
I failed to get a hardship or other permission from the hoa for doing so.
My tenant is under contract until 1-31-16
I have been "caught" and have a hearing tomorrow evening at 6 pm.
HOA says I'll be fined $24 a day etc
Any advise
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you have documentation of your health problems and do you mind sharing them with the Board?

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Have you reviewed the Bylaws and CCRs to see if there is any type of "variance" or hardship permit that the Board can grant from the rule?

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Has the tenant caused any problems that you are aware of with the tenancy?

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thanks

Barrister

Customer: replied 11 months ago.
I have documentation of health problem, am 79 yrs old, and the peripheral neuropathy is obvious in my walking,I don't thin they'll buy that, and I confess, I leased the place thinking they'd never notice and they didn't for a long timeTenant has been model in all ways, she's a country public defender.
What can I do but just beg forgiveness and ask for leasing permit and waver of the $25 to $50 per day?
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
typed answer is ok -- can an un-notorized rental contract take precedence over the HOA's leasing policy?
Expert:  Barrister replied 11 months ago.

Ok, then to be honest, your best bet is to try and play on their sympathy (if they have any) and point out the fact that you weren't able to financially bear the burden of the cost of the place and just let it sit empty. The tenant is a model tenant and is actually an asset to the community to have. You admit that you should have approached the Board to ask for a variance or hardship permit to allow it to be rented and you apologize for failing to do so.

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You then agree that you did violate the rules but you are asking them to take into consideration the reason for you doing so and just ask that they consider the underlying reasons for prohibiting rentals, which is to keep owners from renting to bad tenants who haven't been vetted....

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So you are basically coming to them hat in hand and asking for forgiveness..

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And yes, if you signed a lease with a tenant without permission from the Board, then that would be a violation if they prohibit renting without approval..

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thanks

Barrister

Customer: replied 11 months ago.
all I can do is ask to keep the penalty low? How strict is GA law on this?
Expert:  Barrister replied 11 months ago.

Unfortunately, yes. HOAs have their own sets of rules in the Bylaws and Covenants, Conditions, and Restrictions, so they are essentially "mini-governments" where the Board rules under these laws. So GA law doesn't really come into play here regarding any penalty because this would be covered by the Bylaws that you agreed to be bound by when you purchased in the development.

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So you are at the Board's mercy and have to come up with some mitigating factors...i.e. your health concerns, the underlying reason for monitoring rentals, the fact that the tenant is a great tenant and has caused no problems....and anything else that you can think of that might sway them in making a decision on a penalty..

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I hate it that there really isn't much legally that you can do except apologize and beg forgiveness, but with HOAs, they are self governing...

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thanks

Barrister

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