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Hi everyone, I need some expert help on two issues our condo is having. Recently I bought a condo in California. After I had made the purchase, I found out that about 20-30% of the condos in the complex are rented to welfare families. The welfare families pay about $400 and the CA government pays another $1000+ in rent. The association has tried to stop the owners from renting to welfare families but it is illegal for the association to come out and say that the owners cannot rent to welfare families. You might ask why the association does not want the welfare families living in the complex...well, they basically run down the place. They throw trash anywhere and everywhere, they spill things on hallway carpets, they break things, they are loud, etc. My first question is, what can the association do to make sure that we get better tenents instead of the welfare families? Another problem is that the complex has termite problems. The association recently wanted to get a company to come and enclose all the buildings in the plastic coverings for three days. Unfortunately the owners who are renting their homes to welfare families, and the welfare families themselves, did not want to do this because nobody wanted to pay for the welfare families to go live in a motel. Well, while the owners who have rented their units are making money, the termites are eating away at the complex. Is there anything the association can do? If there is no answer, I am afraid that I am just going to have to sell and move on. But I am hoping that there is a solution to these problems. Please help, any help is greatly appreciated. Thank you!
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Joe Kim wrote:
Hi everyone,
I need some expert help on two issues our condo is having. Recently I bought a condo in California. After I had made the purchase, I found out that about 20-30% of the condos in the complex are rented to welfare families. The welfare families pay about $400 and the CA government pays another $1000+ in rent. The association has tried to stop the owners from renting to welfare families but it is illegal for the association to come out and say that the owners cannot rent to welfare families. You might ask why the association does not want the welfare families living in the complex...well, they basically run down the place. They throw trash anywhere and everywhere, they spill things on hallway carpets, they break things, they are loud, etc. My first question is, what can the association do to make sure that we get better tenents instead of the welfare families?
Another problem is that the complex has termite problems. The association recently wanted to get a company to come and enclose all the buildings in the plastic coverings for three days. Unfortunately the owners who are renting their homes to welfare families, and the welfare families themselves, did not want to do this because nobody wanted to pay for the welfare families to go live in a motel. Well, while the owners who have rented their units are making money, the termites are eating away at the complex. Is there anything the association can do?
If there is no answer, I am afraid that I am just going to have to sell and move on. But I am hoping that there is a solution to these problems. Please help, any help is greatly appreciated. Thank you!
My opinion is not to be construed as legal advice. Legal advice comes from hiring an attorney. Where does the government get off subsidizing welfare people in condos? You know why the people are there. The government flips the bill. Oh and don't even consider eviction or the government will come down hard on you. Living in a condo is not a right. They could just as easily pay less for an apartment and save the government money to boot. And who is ultimately paying the owners for the scum to be there? YOU ARE. I'd say kick them out on their ear on the grounds of violating health codes. What's wrong with the association making an offer to the owner to buy the building and taking full control? You already own the inside, why not the outside too? Gee ya know, I'd kind of like to live in a condo with the government paying my rent too. To top it off, I'd like the government pay for that shiny new Mazda SUV. Where do I apply? What the sam hell is getting into our government idiots these days? 20 years ago welfare people lived in run down apartments. I don't get subsidized to live that way. I pay more in rent than they do!
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In article <386f7047.0402210929.7b6a742e@posting.google.com>, palestine2000bc@yahoo.com (Joe Kim) writes:
My first question is, what can the association do to make sure that we get better tenents instead of the welfare families?
I would talk to a lawyer who specializes in homeowners associations about amending the by-laws/CC&Rs. Seems to me that if a HOA can fine owners for leaving the garage door open, they should be able to fine owners for renting to problem tenants. I'm not sure you could specifically say "no welfare recipients" or "no Section 8 tenants", which would be discriminatory, but you should be able to put in substantial fines for <your list of problems caused by these tenants>, to make it less than profitable for the owners to rent to problem tenants. If these violations are already in the by-laws/CC&Rs, then make sure every offense is documented and reported so that the owners are fined for every violation. A lawyer who specializes in HOA would be able to advise you on proper wording, procedures, etc. for the amendment, and any procedures that would allow the HOA to claim the offending units through forfeiture for unpaid fines. http://hometown.aol.com/sactoparalegal/ Freelance Litigation Paralegal -- providing support services to attorneys only (I do not work directly for the general public: please have your lawyer contact me)
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In article <386f7047.0402210929.7b6a742e@posting.google.com>, palestine2000bc@yahoo.com (Joe Kim) writes:
My first question is, what can the association do to make sure that we get better tenents instead of the welfare families?
I would talk to a lawyer who specializes in homeowners associations about amending the by-laws/CC&Rs. Seems to me that if a HOA can fine owners for leaving the garage door open, they should be able to fine owners for renting to problem tenants. I'm not sure you could specifically say "no welfare recipients" or "no Section 8 tenants", which would be discriminatory, but you should be able to put in substantial fines for <your list of problems caused by these tenants>, to make it less than profitable for the owners to rent to problem tenants. If these violations are already in the by-laws/CC&Rs, then make sure every offense is documented and reported so that the owners are fined for every violation. A lawyer who specializes in HOA would be able to advise you on proper wording, procedures, etc. for the amendment, and any procedures that would allow the HOA to claim the offending units through forfeiture for unpaid fines. http://hometown.aol.com/sactoparalegal/ Freelance Litigation Paralegal -- providing support services to attorneys only (I do not work directly for the general public: please have your lawyer contact me)
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Thank you for your help! sactoparalegal@aol.comREMOVE (Sacramento Paralegal) wrote in message news:<20040222202455.13960.00000842@mb-m11.aol.com>...
In article <386f7047.0402210929.7b6a742e@posting.google.com>, palestine2000bc@yahoo.com (Joe Kim) writes: I would talk to a lawyer who specializes in homeowners associations about amending the by-laws/CC&Rs. Seems to me that if a HOA can fine owners for leaving the garage door open, they should be able to fine owners for renting to problem tenants. I'm not sure you could specifically say "no welfare recipients" or "no Section 8 tenants", which would be discriminatory, but you should be able to put in substantial fines for <your list of problems caused by these tenants>, to make it less than profitable for the owners to rent to problem tenants. If these violations are already in the by-laws/CC&Rs, then make sure every offense is documented and reported so that the owners are fined for every violation. A lawyer who specializes in HOA would be able to advise you on proper wording, procedures, etc. for the amendment, and any procedures that would allow the HOA to claim the offending units through forfeiture for unpaid fines. http://hometown.aol.com/sactoparalegal/ Freelance Litigation Paralegal -- providing support services to attorneys only (I do not work directly for the general public: please have your lawyer contact me)
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