I've been working with a local townhouse owner for several months on changing his HOA's by-laws which prohibit the 40 unit owners from renting their townhouses.
The project is adjacent to 2 similar townhouse units by the same builder with no such restrictions and several owners have rented their units in violation of the by-laws.
The unit owner circulated a petition to change the documents and when I met him for a rental management presentation several months ago, he indicated that the change to the by-laws would require that owners utilize a professional property manager to rent their units.
OK! Smart thinking I told myself.
We had an appointment last Thursday to finalize the management paperwork when the HOA board president called me indicating that the HOA by-law change has hit a snag. The HOA wants to "control" (his word) who goes into the units and they want to be involved in the tenant selection process.
This was not in the petition paperwork that I reviewed and their involving themselves in the tenant selection is a BIG RED FLAG for FAIR HOUSING!.
I offered to go to a HOA board meeting on Wednesday night and answer questions why the HOA should not be involved and the board president never confirmed the time and place with me for the board meeting.

After much thought, I e-mailed the townhouse owner and suggested that the HOA rules with regard to owners renting their units needs to be reviewed by an attorney and finalized before I wanted to be involved and that IMHO * the unit owners should have been told the CRITERIA under which they could rent their units BEFORE they signed the petition.
I applaud the HOA for acknowledging the need to allow owners to have their FULL rights as property owners; however, giving with one hand and taking away with the other may make the HOA even more vulnerable to claims of discrimination and violating tenant and applicant confidentiality if not handled properly.
Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.
Central Virginia
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