The lease states that HOA approval must be obtained prior to lease commencement date. And, that if approval is not obtained prior to the lease commencement date, the deposits must be returned to the applicant (me) and the obligations of all parties under the lease are terminated. Landlord told my Realtor and I that he is on the Board, to provide him with the check for the application fee and he would process the application.

It turns out he deposited the check into his bank account, and I have not had HOA approval. I contacted the HOA after being served his foreclosure papers two weeks ago, and after my Realtor asked if I'd ever been presented an application to fill out for the approval. I moved in November 1st, and he hadn't paid his mortgage since August. By the way, he's also a Realtor. I told her "no" that I had thought my LEASE would be presented for approval, not that I had to fill out anything. The HOA has confirmed that applications and approvals are MANDATORY to be in the community, and that approved tenants are provided a Certificate of Approval. He is also not a member of the Board that approves the applications - he's on the Board of this particular sub-division of the community.

According to my Realtor and it seems also according to the language of the lease paperwork, my lease is invalid. I'd like to confirm this.

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Originally Posted by mrsmrichter

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According to my Realtor and it seems also according to the language of the lease paperwork, my lease is invalid. I'd like to confirm this.

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So what do you want us to tell you?

I see nothing in your post putting the validity of your lease into question. It appears that whether your lease needs to be approved by the HOA depends upon the rules, covenants, etc. involving the particular HOA.

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Originally Posted by mrsmrichter

According to my Realtor and it seems also according to the language of the lease paperwork, my lease is invalid. I'd like to confirm this.

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Hello mrs.

In my view, the only way to get confirmation is to have one of the parties act in a manner that the other party thinks is contrary to the lease and files a lawsuit. The judge will confirm the law in the matter.

Short of that, given what's gone on, it seems to me either party could argue that the other is in breach and make demands based upon that conclusion. I don't know who would win that argument if there was one.

So, from OUR perspective, it really depends on what you WANT to do. If you wish to UN - involve yourself of that community, you certainly have the grounds, and we can help you do that. If, however, you'd like to stay,we can help you do that too.

excon