I live in a 6 unit condo bldg,one unit has recently closed.The new owner intendes to rent. Our bylaws state only owner occupied, the new owner claims the president of the HOA has given permission for the rental. Does the president have the power to change the rules?
3 Answers from Attorneys
The President should not be able to unilaterally override the terms in the governing documents. It would be advised, however, to make sure these restrictions were properly made. Also, in this economy, the members of the association may want to consider a revision of the governing documents to allow for rentals, but providing for appropriate procedures and restrictions. Especially with a small association, the opportunity to rent may not only protect an individual owner faced with an unexpected change in circumstance or financial difficulty, but may protect the remaining owners against the harm resulting from a loss of a unit's fees for an extended period.
THE PRESIDENT SHOULD NOT BE ABLE TO DO SO IF YOUR BY LAWS AND OTHER DOCS INDICATE THAT THERE ARE TO BE NO RENTALS.
Condo declarations and association by-laws can not be unilaterally changed without owner concurrence. RULES can be changed by the board, however, but require notice...... The President could be liable for breach of responsibility here if things are not right.