Ask Experts Questions for FREE Help !
Ask
    MandyC323's Avatar
    MandyC323 Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 10, 2015, 05:57 PM
    Association issues
    Hello,

    I just recently rented an apartment from a landlord. Today when I got home I had a letter on my door stating that the association is going to enter my apartment tomorrow between the hours of 8am-5pm.

    Is this even legal? Why are they doing this? We've only been here two weeks and my landlord told me that he received an email about my dog but that it wasn't a noise complaint or anything like that.

    I'm very concerned that my fiancÚ and I are being picked on by our neighbor since he works for the association.

    Please provide me answers and solutions as to what I can do.

    Thank you,
    Mandy
    talaniman's Avatar
    talaniman Posts: 53,910, Reputation: 10852
    Expert
     
    #2

    Dec 10, 2015, 06:12 PM
    Didn't you get the association rules before you moved in? Did you sign an agreement to follow those rules? Review your lease carefully.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #3

    Dec 10, 2015, 06:23 PM
    I agree with talaniman. When you rent a place with an association, you are bound by the rules of that association. Your lease should spell it out and you should have been provided with a copy of the association rules.

    I'd ask them why.
    MandyC323's Avatar
    MandyC323 Posts: 3, Reputation: 1
    New Member
     
    #4

    Dec 10, 2015, 06:29 PM
    I rented from someone who owns the apartment so I never received a copy of the rules and regulations but I made sure my dog was allowed before we moved in. There's even 2 other huskies in the neighborhood and they aren't on the breed restricted list. My fiancÚ and I have followed all the rules, minimal noise, picking up after our dog, parking in our assigned space, etc.

    I would have have to ask the landlord why this is happening but I don't think he's ever had any problems like this but I'm wondering if what he's doing is illegal.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #5

    Dec 10, 2015, 06:41 PM
    As a renter you aren't exempt from having your place entered under certain circumstances. However we have yet to determine WHY they made the request.

    I have to ask, if you have never received a copy of the Association rules....how do you know that you are following all of them?

    You need to ask your landlord for a copy...it however does not absolve you from any infractions you may have unknowingly made.

    And yes, associations can have a lot of dumb rules mixed in with a lot of common sense ones.

    Past experiences with Associations and people in them with Napoleon complexes led me to look specifically for a house in an nice neighborhood without one when I decided to buy.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #6

    Dec 10, 2015, 07:08 PM
    An email complaint to your landlord is not likey what is causing this issue. A call or email to the association management would have an effect. You should call the association and ask why they need to enter and ask them to show you or quote the bylaws that give them the right to enter. Are dogs allowed, will your dog bite or attack? They need to be informed there is a dog.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Dec 10, 2015, 08:18 PM
    Do you have a written lease with the landlord? Were you aware the complex was controlled by a homeowner's association? You said you made sure your dog was allowed, how did you do that if you never saw a copy of the rules?

    Bottom line here is the By-Laws of the association probably allows the association to enter any unit with proper notice. What you received was probably considered proper notice.

    Even if there wasn't an association your landlord could enter the unit with proper notice.

    You need to a) get a copy of the by-laws, b) verify that the by-laws allow owners to rent out units. It possible that is not allowed and this was reported to the association and they are checking to verify. And depending on the by-laws what they are doing could be perfectly legal.

    The only way you will find out why they are doing this is to be there tomorrow and ask.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #8

    Dec 10, 2015, 08:40 PM
    You are not bound to follow the association by laws unless your lease specifies such. Does your lease mention the by laws?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #9

    Dec 10, 2015, 08:56 PM
    Quote Originally Posted by ballengerb1 View Post
    You are not bound to follow the association by laws unless your lease specifies such. Does your lease mention the by laws?
    I've got to disagree with that, All leases on property under control of the Association as well as subleases are legally bound and subject to the bylaws. Disclosed or not. The landlord can impose more of their own, but can't exempt any specified in the by-laws.

    And the courts have ruled in their favor far too many times. Renters aren't exempt and can't be made exempt from anything the property owners themselves are subject to.

    And I have had run-ins with Association board members that tried to dream stuff up to impose exclusively on renters that wasn't applied to or enforced on others (or even in the By-laws).
    That's why I have the level of distaste for them I have.

    Yeah I had a great landlord who owned several businesses and had a lawyer on retainer that liked us far better than he liked them. Made them back down every time. And if you reviewed the bylaws of the association... they would almost certainly spell that out. With apartments, many even reserve the right to restrict the ability to even lease the property out to renters.
    MandyC323's Avatar
    MandyC323 Posts: 3, Reputation: 1
    New Member
     
    #10

    Dec 10, 2015, 09:02 PM
    I read all the rules on line and no where does it say my dog is on the restricted breed list, it clearly states you can have 2 dogs both equaling to 80 pounds and my husky is 65. It clearly states to not block a garage, we make sure we don't, it specifies no loud music, we're hardly ever home, full time students and employees. We own one car, you can't have more than two. We make minimal noise as it states and we WALK our trash to the garbage as it states, instead of leaving it on doorstep like many people do, which isn't supposed to be done after 8pm. I've been here a week and I've seen MANY residents break the rules, one let her dog use the facilities and didn't pick up after dog, another resident has two Great Danes which aren't 80 pounds combined and are on the restricted dog list, my neighbors have 4 cars and my downstairs neighbor blasts music at all hours of the day/night, so in conclusion? Why am I the one being picked on if my rent has been paid 3 months in advance, plus a deposit and a pet deposit all to my landlord which handed it to the association right in front of me.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #11

    Dec 10, 2015, 09:05 PM
    So... find out WHY they want in.. One of the ones I lived in the association had control over the heating systems in all the units and they needed annual inspections, usually taking place this time of year. This might not be anything big at all to worry about.

    They did tell us why they needed access in every case in advance.

    I'd want to know why before I let anyone in as well.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #12

    Dec 10, 2015, 09:07 PM
    Sorry smoothly but I disagree. Associations can not assess fines on non member renters. I am the President of one in Illinois and a new law, CICAA, trumps what you believe.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #13

    Dec 10, 2015, 09:09 PM
    Quote Originally Posted by ballengerb1 View Post
    Sorry smoothly but I disagree. Associations can not assess fines on non member renters. I am the President of one in Illinois and a new law, CICAA, trumps what you believe.
    Fines.. no...I agree, certain things like the monthly fees etc are to the property owner, but renters aren't exempt from any of the by-laws or rules that property owners are restricted by. They can't paint the outside bright pink...etc.(in cases of townhomes or single family homes)..be exempt from rules on pets, etc.

    Otherwise you could have spiteful property owners rent to the most undesirable element, and tell them "do anything you want but destroy the place". And nobody could do anything as long as local laws weren't violated.

    I think I was thinking one aspect...while you was talking about another. We are probably mostly in agreement on other aspects. As much as I dislike them, with Condominiums and to a lesser degree townhouses...they are a necessary evil, but not single family Homes.
    talaniman's Avatar
    talaniman Posts: 53,910, Reputation: 10852
    Expert
     
    #14

    Dec 10, 2015, 09:39 PM
    I've been here a week
    Likely a routine inspection after new tenant have moved in, hard to say. Only a conversation with your landlord can clear this up. I hate associations personally, as here in Texas, they do levy fines for the dumbest stuff. I have had my share of run ins with tight knit cliques that rule with an iron fist because they can.

    Simple enough to ask them, as it may be just to know who you are, and they disposition of your animal. It's likely legal with proper notice as Scott points out. Can you contact the previous tenant?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,277, Reputation: 7690
    Expert
     
    #15

    Dec 10, 2015, 10:11 PM
    And there may be other rule not on line, or normal things, was the information on the dog provided to the association, but complaint of neighbors can cause an inspection.
    You can or should contact the association secretary or the contact person and ask why.
    They could tell you what they wish to see. Normally I don't allow access unless my lease says I am required, and/or require they make an appointment when someone is home.
    talaniman's Avatar
    talaniman Posts: 53,910, Reputation: 10852
    Expert
     
    #16

    Dec 11, 2015, 07:36 AM
    Proper notice without a reason stretches the word "PROPER" in my view. Somebody would have to tell me something.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #17

    Dec 11, 2015, 08:18 AM
    Quote Originally Posted by MandyC323 View Post
    Why am I the one being picked on if my rent has been paid 3 months in advance, plus a deposit and a pet deposit all to my landlord which handed it to the association right in front of me.
    Mandy,

    You are asking us to read the minds of the association or association management. We can't do that. You will just have to wait until they come and provide an explanation. I would not let them in the door until they do.

    But if you were given a link to where the by-laws are posted, then you WERE given them. If the landlord handed what you paid directly to the association in your presence, then it is clearly within the rules for the landlord to rent the unit. You are stressing over something that could be quite innocent. Maybe there is a construction issue for that block of units that needs to be inspected. You do NOT know for sure that you are the only unit being inspected. It may be something they do for new people after a week or so. It may not be a bad thing. But there is no way for anyone to know why. You just have to wait until they come.

    And please let us know the result.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Homeowners association [ 3 Answers ]

Can a homeowners association have my verizon cable disconnected for late payment of association fees .

Does the UN have an agency AU association [ 5 Answers ]

Does the united nations get involved in purchasing gold

Condominium association [ 1 Answers ]

We been living here in this condominium association as owners at this apartment complex for over 5 years. Currently we pay our monthly association fee of $192.04 and nothing on the building works, the pools are dirty and closed for lack of cleaning, the elevators are broken must of the time , the...

Association Lien [ 1 Answers ]

My association put a lien on my house. Do they have to notifity me? How am I suppose to know what their next course of action is or does it just sit their unil it is satisfied? How can a court issue a lien without knowing both side to verify it the amount is correct or it the debt is even owed?

Association vs. Landlord [ 5 Answers ]

I am currently trying to rent out my 2 bedroom /2 bath condo to this 2 guys that is currently renting a place within the same building. They expressed interest in renting my place and gave me a deposit. Unfortunately, when I approached the association about this decision, they told me that they...


View more questions Search