I'm a little confused, could use some guidance - Posted by Jim FL

Posted by Jim FL on March 07, 2002 at 13:16:00:

Bill and John,
Well, after thinking this over, and really not getting and clear definition from the HOA manager about what would resolve the issue, I decided to go above this person calling.
I called the management company, and had them read to me over the phone the rules that this sign was alleged to be in violation of.
Frankly, they were not clear at all, and the actual word “rent” was not mentioned.
The rule simply stated that the sellers are allowed to place a sign in the yard advertising the home “for sale”.
The manager was interpreting the rule herself, to mean that the sign MUST say “for sale” on it somewhere.
The manager I talked to this time was fairly nice, and said, "I understand your point here Jim."
So, I asked her what I needed to do in order to rectify this and make the violation go away.
She said, “Place a for sale sign only, or, just write on the sign you have, FOR SALE somewhere”.
This is exactly what we will do.
The sign will now be one of my nice professionally printed signs, with a handwritten “For sale” at the top.
Surely the sign will not look as nice as it had, but according to the manager, this will get them to back off.
Good thing I happen to know someone at banditsigns.com and can order some new replacement inserts for my sign stands after marking this one up.

I am a bit flabbergasted that this manager and the association would prefer a hand written tacky looking sign, over one that is printed professionally, over the mere wording on the sign.

Oh well.
thank goodness I beleive in the “working with them” instead of “Working against them” approach.

I’m still curious about the interpretation of my wording, “Rent to own” legally though.

Thanks guys,
Jim FL

I’m a little confused, could use some guidance - Posted by Jim FL

Posted by Jim FL on March 07, 2002 at 11:58:59:

Bill and John,
I am a little confused here, and frankly not sure exactly where I stand with this.
Let me try to give you the background first.
I have a house that I signed a L/O on.
We are selling the house with a lease purchase.
The home is located in a subdivision with a HOA.
I of course conducted my due diligence, and we can rent the place, and it does not have to be owner occupied.
While marketing the house, all of my marketing materials say, “Rent to own, problem credit okay, xxx-xxx-xxxx”.
Including the sign in the front yard of the house.

Last week the HOA proeprty manager called me, and she said that the sign was a violation.
Not because of its placement, but because of the words, “Rent to own”.
She said the sign is only allowed to say, “For sale” with my phone number.
I explained to her that the house was for sale, and my interpretation of “Rent to own” was such.
She just got off the phone with me, not arguing the point.
I frankly assumed it went away.
Just today, my landlord/seller got a letter and a call from the HOA, telling them that the sign is indeed a violation, and that it “Must be removed forthwith”.
Now the convenants do say something about not placing a sign in the yard, or on the house itself, advertising the home “for rent”.
Nothing at all about “rent to own”.

How would you, as a lawyer interpret the words, “rent to own”?
Would this be a house for sale?

I’m frankly not sure yet how I’ll handle this.
I’ve thought about just adding the words, “For sale” to the top of the sign, or replacing it with a generic FSBO sign, with the words, “Rent to own” on it somewhere.
But, with the apparent attitude of this manager, this probably will not be enough.
She also insists that we cannot have our flyers in the tube saying, “Rent to own” on them either.

I’m not at all sure where I stand with this, or what I should do?
Any guidance is appreciated,
Jim FL

Re: I’m a little confused, could use some guidance - Posted by lyal

Posted by lyal on March 10, 2002 at 07:45:51:

This stuff kills me…another case of someone with a little authority blindy obeying the rules with no thought added to the process. We see it all over especially in banks where working with us would be much better for the bank, it goes against the literal wording of the “policy manual” so the drone won’t do it.
Anyway, glad you got it worked out.