Q: I live in a community of houses in two phases. The phase where I live is completed. The other phase is still in the hands of the developer, and only a few owners live in there. The developer is in total control of the board. We do not have any owner on the board. In our bylaws, it states that owners can rent their homes. I see many problems with renters not keeping the homes up to standards. I would like to change the bylaws to read no homeowners can rent their homes. I have contacted the management company, and they are not sure about changing this bylaw. Can we change the bylaws to eliminate owners renting their homes? The management company cannot give us a direct answer.
J.B., Miami
A: If a renter is not maintaining the home, it is the owner's (landlord's) responsibility. You must address the owner, not the renter. The owner must require the renter to maintain the property or do it himself. Rather than trying to modify the documents, try to establish a rules enforcement policy. That policy would be the responsibility of the board of directors.
The developer is wearing two hats, that of the developer and that as a board of directors for the association. It is simple for the developer to approve a rule inspection policy, then appoint the manager to inspect for violations on a weekly schedule and take corrective action. I am sure your documents allow a way to correct rule violations.
Keep in mind that any change to the documents should be reviewed by an attorney and recorded in the county records.
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