In this week's tip, we try to understand how a HOA board didn't know they had the authority to regulate rentals. We also assess whether this board's newly discovered enforcement authority is perhaps being applied too aggressively, you know, considering their
failure to enforce at all until now.
We're asking because we saw a board member who posted online that their HOA never knew they were able to regulate rentals and only recently learned that from their lawyer. They also learned that their
documents prohibit short-term leases and Airbnb rentals.
Since this discovery, the HOA's property manager has sent violation letters for unapproved tenants to the “suspected 70 rental properties” in the 155-home community. They're requiring
that owners fill out an application, pay a fee, return copy of the signed lease, and acknowledge the community's guidelines.
Click on the arrow below to hear a short clip in which two of HOAleader.com's experts—Matthew W. Heron, a member at
Hirzel Law in Farmington, Mich., which represents hundreds of community associations throughout Michigan, and Brad van Rooyen, president of Folio Association Management, a Florida-based firm that manages 90,000 residents and 45,000 homes across Florida that was recently integrated into Odevo, a global community association management firm—reveal how many boards they see truly that don't know what their governing documents say.
