Posted on Jul 3, 2015
CSM Michael J. Uhlig
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This family (both Veterans) rented the home with the desire of using the community pool.

The Home Owners Association (HOA) has by-laws that are not in line with the rental contract....are the renters getting hosed (no pun intended)? Should they be let out of their contract? Is the HOA president just being a prick or enforcing standards?

There is a balance of being entitled to something versus the feeling of entitlement...which is this?

(edited to add link to video): http://popularmilitary.com/military-family-refused-entry-to-neighborhood-pool-for-4th-of-july-weekend/
Edited >1 y ago
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Responses: 16
COL Mikel J. Burroughs
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CSM Michael J. Uhlig This is a slippery sloop kind of question. I'm a homeowner that pays HOA dues on a home in Colorado and I lease it. Accordingly, who ever is living in that house renter or owner they are entitled to the benefits of that HOA (even though I pay them as a Landlord). I checked that before I started renting (incentives to renter). Being the nice guy I am, if my tenant was having an issue with the HOA in getting access to the pool I would work very hard to get him access. With that in mind I believe the HOA President in this situation needs to make every effort to get approval from the Owner of the property to allow them access. Exception to HOA rules can be made if the right people are in charge and if the renters ask nicely. Secondly, no one is entitled unless they have it in writing to begin with when they rent. Someone needs to do his or her homework prior to signing a rental agreement. Residents pay HOA fees and they are set up for a reason.
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CSM Michael J. Uhlig
CSM Michael J. Uhlig
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Sir, link to video added for further explanation
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COL Mikel J. Burroughs
COL Mikel J. Burroughs
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CSM Michael J. Uhlig Thanks - that sheds new light on the problem. First of all the Landlord that rented the property didn't do his research properly on the bylaws of the HOA and assumed that adding that to the lease (full access to the pool) was okay. That't one mistake. The Landlord needs to battle with the HOA Members to get that fixed. If they can't then they should pay the HOA Fees (The Landlord, like I do for my renters) and reduce their monthly rent. The HOA memeber that made the comment about cleaning the pool is an idiot - period. Thank you for leading me in the right direction CSM Michael J. Uhlig!
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SMSgt Dr. G. A. Thomas
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This is not consistent with any homeowner association contract that I ever been into. When you are renting or buying a house you fall under the same rules and regulation as the actual homeowner. Therefore they she cannot have any say so in the leftist family can use the pool.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
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This has been my experience as well.

As renters of a space (regardless of size), you are generally treated the same as the Owner of said space, for almost everything.
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CSM Michael J. Uhlig
CSM Michael J. Uhlig
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link to video added for further scenario explanation
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SFC Senior Human Resources Sergeant
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I would need more details on the contract, but with what has been provided I would say that if the renters were led to believe they would have use of the pool, then this is breach of contract. I'm sure the renters are keeping up the property IAW the other HOA by-laws so if they are conducting themselves the same as the other homeowners are, then why not allow them to enjoy the same entitlements.
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CSM Michael J. Uhlig
CSM Michael J. Uhlig
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link to video added for further scenario explanation
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