Trouble with Home Owner Association, they are making false allegations against me?

Question

This is whats going on. I live in a Home Owner Association House and the bylaws and rules say that you can't rent your property. I am a single latina who bought this property a few years ago while I was still with my x-boyfriend. He was not on the loan or owner of the house.

We broke up and he moved out. My mortgage and association dues combined not including all bill are a little over 2,500.00. While living with my x he paid1/2 the mortgage and i stayed home and did foster care.

Now that we broke up I accepted a job w/a cellular company and I'm going to be traveling most of the time just alone my training is 6-months in Texas, they pay for me to come home one weekend out of the month if I want to come home more often I have to pay for it myself.

I have two nieces one 24 the other 26 that moved in to my house to help me with the mortgage and bills and since Im away from

home they can watch my house.

The problem is that the Home Owners Association "President" lives a few doors down from my house he is very very very nosey. I don't know what was said or what is going on but I received a letter saying that I have to go before the HOA board to address "the alleged: Failure to occupy property as primary residence."

But it is my primary residence I accepted a job that sent me to a 6-month training as I just explained and after training I will be doing alot of traveling I am single and accepted this job because it does require me to travel, and I have no ties at home.

I am very upset an irritated that I have to first of all pay for a flight to be out there next weekend to meet with the board since this was my weekend that I was out there. I feel that my privacy is being invated "violated" . I am a home owner and can come and go as I please why do I have to give these people an explication as I said I'm very upset and really felt like going to that mans door to tell him hello i'm home what is your problem but I do understand the HOA rules of no renting and I am following the rules I don't like to be accused.

Ohh yeah when my x moved out I did call the association and told them I knew it wasn't their business but that my x had moved out and I had 2 of my neices that were going to be moving in I updated the form that says the car licence number.

What else do they want from me how can I address them? I don't like to be falsely accused. I do follow the rules. Please give me your input. Thank you

Answer 1

I am amazed that you felt it necessary to identify yourself as a Latina.

What does that have to do with anything?

While it sounds to me like you have a legitimate reason not to be in your condo, it also sounds like the HOA has a good reason to inquire into the circumstances that have somebody other than the owner as full time residents.

It obviously is not private, since you live in an association of owners voluntarily and voluntarily agreed to abide by their rules.

Get over yourself.

Answer 2

I hate to be the bearer of bad news but you brought the HOA attention on yourself because you disclosed that one person moved out and that two people will be moving in.  That statement alone will cause you a violation and assessment for each occurance which is legal due to the CC & R's that govern your development.  That said, if you will still be paying your bills along with your nieces help and can prove it then you have a leg to stand on.  The HOA is only concerned because it is a proven fact that the property values go down when there are renters in the development.  I am not on the HOA's side as I have an HOA as well and they do stick their noses into other people's business where they don't belong.  Make sure you keep copies of all correspondence whether phone calls, emails, letters, conversations,etc.  Send a CERTIFIED letter to the association stating that you will be taking care of all bills and the property while you are away.  Pay everything with either a Check or Money Order (so you will have a paper trail), do not stop receiving mail at your residence (this establishes you as the primary owner) and make sure your nieces do not have parties (where the neighbors could call the police for a disturbance) or make any unnecessary noise coming or going that would attract attention.  Remember you are not required by law to let the general public know any personal issues, your work or whereabouts, and as long as you keep up your property (house doesn't look abandoned) and the HOA fees are paid on time then you have nothing to worry about.  (P.S. if they take you to court, you will have your copies of all correspondence to fall back on.

Answer 3

Wow.... Your HoA is ridiculous.  That would make me absoultely livid if that was happening to me.  If it was me, there is absolutely no way that I would pay travel expenses to come home and testify before an HoA board.  Why can't you ask him to schedule it during your weekend at home?  

Answer 4

It doesn't sound like you've been falsely accused, but the NOSEY HOA president wants an explanation. And can make things nasty for you. I WOULD NOT fly home to address this. I would send a certified letter (return receipt requested) saying exactly what you said here. The HOA is not the police although they act like it sometimes. If it isn't to personal share your employment letter with them, and certainly explain that the people living in your home are relatives and not renters. ALSO make sure those youngsters aren't raising havoc in the HOA............That will make you miserable. I know from experience.

Answer 5

I would reread the HOA bylaws.  Based on the notice, it would appear as if the violation of the bylaws is that the board believes you are not going to maintain the unit as your primary residence.  I would send a certified letter to the board explaining your absence for 6 months of training.  If necessary, have your employer send a letter to them as well.  Being absent for training for 6 months does not constitute a change of residence.

Perhaps the board doesn't understand that you will be in training for 6 months and that the job requires traveling,

Answer 6

I'm not sure what a Home Owner's Association House means.  Are you the owner of the home, or do you rent it?  If you own the home, you should take a look at the bylaws of the HOA.  Is it a condo or a house?  If you're renting, the lease is what to review.  Make sure you can point to the sections in the HOA bylaws or the lease to support anything you've done.  Some places have restrictions on how many people can live in how many bedrooms, and a lot of other things.  

You may need to find the definition of primary residence.  Depending on the jurisdiction it can mean different things.  Are you registered to vote there?  Is that address on your bank accounts and driver's license.  Maybe the most important question is where do you live when you're out of town?  Did you have to take a short term lease on an apartment or is the company providing living quarters for you?