Landlord Didn't Provide HOA Application & Deposited Fee in His Bank Account
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.