Real Estate Law
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Do you have documentation of your health problems and do you mind sharing them with the Board?
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?
Has the tenant caused any problems that you are aware of with the tenancy?
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.
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....
So you are basically coming to them hat in hand and asking for forgiveness..
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..
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.
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..
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...