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Can renters be members of an HOA


Our HOA is sending out messages asking renters to join our HOA. We live in a manufactured home community.

Answers and Comments

That depends on how "member" is defined in your governing docs.  If the docs allow for non-owners (in this case, tenants) to be members, then yes.  I've found most documents do not, however.

02 Apr 2019

Then I pose another question, 

 

what purpose does the Florida Statues serve, if we can just write by-laws to supersede them. My understanding is that the Florida Statues override everything and amendments can be made to change little things. 

 

HOA’s I thought was a benefit for homeowners. So now we have renters with a say?? Doesn’t make sense to me? So confused. And annoyed. 

02 Apr 2019

You can't override statute with your governing docs.  The hierarchy of law is as follows:  Statute --> Declaration --> Articles --> Bylaws --> Rules and Regs.  In almost all cases, the lower levels cannot be inconsistent with the ones above and, if they are, the higher priority law supercedes.  

 

But neither 720 (HOA) nor 718 (condo) define "member" as only being an owner of the property.  As such, the determination as to who can be a member of the association is left to how it is defined within your Dec or Bylaws.  So if your governing docs allow for non-owners to be members, then that is lawful and not inconsistent with statute.  

 

Again though, most documents DO define "member" as being the fee simple owner of the property.  Take a look at how your Dec, Bylaws and Articles define "member".  That will provide the answer as to who can serve on your community's Board of Directors.  That is also something the membership can amend if you want to see it changed.

 

 

02 Apr 2019

We look under the 723’s and it is in there. 723.075 states no one can be an HOA member unless they are a homeowner, yet renters are being let in? 

 

I juat want want to understand how it’s allowed. 

02 Apr 2019

Sorry for my typos, and I do appreciate your responses.

 

02 Apr 2019

Sean, in Florida after Statute comes property plat.  FYI

02 Apr 2019

Some assoications offer their owners levels of "membership"(e.g.) golf member, pool member, etc.  Perhaps they're inviting renters to use for specific ammenities but not as a voting membership.  Maybe your association is having financial troubles keeping the pool open??

My son used to belong to a HOA in PA where owners had two votes in they lived in their homes but shared one vote with with a (long term) renter.  Short term (<60days) were not permitted at all.  Interesting concept - not shure how I'd feel about it.

 

02 Apr 2019

JC,

 

Chapter 723 applies only to mobile home communities. Are you a mobile home? I was referring to HOAs and condos.

02 Apr 2019

Yes we are a manufacturer home park. 

02 Apr 2019

Sorry, just realized you said manufactured home in your first post. I missed that entirely somehow. I don't have any experience with 723, unfortunately. My apologies for the confusion.

02 Apr 2019

It’s ok, seems to be a lack of it everywhere I go. Which is why I think our HOA does as it pleases. 

I will continue to seek the answers. I appreciate the time. 

02 Apr 2019

Our HOA decided not to allow renters to attend meetings as the meetings include financial discussions. If the renters are privy to that info. it may cause dissatisfaction on how much the owner's charge in rent. Renters have no say in financial or decision making processes as they do not own the units.

03 Apr 2019

Our HOA is wanting to let them pay to be members and attention meetings and everything. It is 1. Against the 723’s and has a homeowner I just do t like it. 

 

 

03 Apr 2019