Common areas

So here's the deal: the HOA rep in my building decided to rent out some common areas that haven't been touched in years, even though they were originally built to be laundry rooms...
Basically, he’s currently running renovations—or let's call it what it really is, a total repurposing—because his actual plan is to lease them out as residential units!!!
The catch is that none of the other residents ever agreed to this, yet he went ahead and already signed the lease. I'm wondering what kind of moves we can make to handle this situation?

The contract is null and void—completely worthless

Gary Hernandez6 said:the contract is totally void

But how do we actually get him to stop the construction? And how do we block him from renting it out??? He’s basically using signatures from tenants back in 1997 that were collected for a completely different reason...
And one more thing, does he need a majority vote from the homeowners or does everyone have to sign off on it?

George Rogers3 said:One more thing—does he need consent from a majority of the residents or every single one of them?

It's the owners who hold 51% of the building's total square footage.
If there's an unauthorized renovation happening, you should report it to the local building inspector. Any kind of repurposing or structural reconfiguration requires a formal building permit.

Joshua Chavez said:The residents who own 51% of the building's total area.
If there’s an illegal renovation happening, you should report it to the local building inspectors. You definitely need a permit if someone is trying to repurpose or remodel common areas.

The building inspectors actually told us that we need consent from EVERY single resident to change how common spaces are used. They also mentioned that what our HOA rep is doing counts as trespassing on our rights... kind of a weird term, but basically they said they'll be out here to inspect the site in a few days, so we'll see what happens...
Thanks a ton!!!

To rent out a space, he just needs a simple majority of the residents to agree (on the surface), not everyone. However, if you're looking at changing the actual use of a space, you need unanimous consent from everyone. There’s actually been talk about amending this part of the law for a while now because it creates so many headaches during building renovations—especially when dealing with attic expansions—but as it stands today, that's the rule.

And did you actually try punching him in the nose two or three times, just enough to see if the testing process even works?

fastrunner said:Hey, did you guys try just tapping him on the nose a couple times... just enough to see if it works?

Let’s just say the whole apartment complex is terrified of him. Nobody wants to step up or do anything about it, so honestly, I think we really need to take this to court...
But if that doesn't pan out, can I reach out to you for some help?🙏

Of course

Seriously, this has officially gone way too far!!!
The building inspectors haven't even shown up yet, and our "beloved" HOA representative has already found a perfect way to exploit the situation. Get this: he went ahead and opened a new checking account at Chase and announced that all the late fees are going straight in there. Of course, he’s already making excuses about how the whole balance will vanish once we cover cleaning, lighting, and whatever other random supplies he decides we need... basically saying there won't be a dime left over.
I mean, who does he think he is? Not only is he playing landlord by renting out common areas on his own whim, but now he's just tossing money around like he owns the place.
How do we actually put a stop to this madness???

Ashley Moore8 said:Seriously, this whole situation has just crossed every single line imaginable!!!
The building inspectors haven't even stepped foot on the property yet, and our "beloved" HOA representative has already found a way to spin it to his advantage. Get this: he went ahead and opened a personal checking account at Chase Bank and announced that all the fine money is going to be deposited there. And—get this—he’s already making excuses about how none of that cash will actually stick around, because once you factor in cleaning fees, hallway lighting, and whatever other random supplies come up... there won't be anything left.
I mean, who does he think he is? It's not just that he's out here renting out common areas and repurposing spaces whenever he feels like it, but now he's basically playing Tetris with everyone's money without asking anyone.
How do we even put a stop to this???

Maybe start by just firing the HOA rep altogether?
I mean, I guess since you guys are the homeowners, you're the ones who voted him in to begin with.

Man, I’d love nothing more than to swap him out, but it’s the same old story like I mentioned before... everyone is just terrified of him. Nobody wants to step up and actually do anything to break the ice. If this whole thing with the local building inspectors doesn't kickstart some movement, I’ll probably just throw in the towel too. It feels totally pointless being the only one fighting for the neighborhood when nobody else is willing to speak their mind publicly. Just plain stupid...

George Rogers3 said:I would change him in a heartbeat, but as I’ve mentioned before, the issue is that everyone is too intimidated by him to actually lift a finger. If this complaint to the building inspectors doesn't yield results, I'll likely throw in the towel. It feels incredibly futile to be the only one fighting for the collective interest when nobody else is willing to speak their mind publicly. It's frankly absurd...

It’s quite simple: you call a homeowners association meeting and vote for a new representative. There isn't much philosophy involved. If the neighbors refuse to participate, then they simply don't care.

At the end of the day, you all elected him...

That guy was already picked by the time we moved in. So, we’re talking like ten years ago... I have zero clue who actually voted him in back then, but honestly, at least half the owners have changed since then. Plus, there are a ton of apartments being rented out, so tracking down the actual owners isn't exactly easy. And man, I really don't want to bring up how much people are actually terrified of them again!!! I know it sounds wild, believe me, I get it... but once you actually sit down and talk to people, you see that fear right in their eyes and hear it in their voices. Then it all just clicks...
I know I can't fix this whole mess solo, but I'm just not the type who can sit on my hands while someone steals right in front of me...

And do you actually know if he gets a monthly stipend for serving as the HOA president based on how many units are in the building?

Are you kidding me right now?! A fee? For what? For getting robbed?
There are 14 units, but they aren't all the same size...

Of course there is, and I’m pretty sure it’s actually around $233 if not even more. Our HOA representative for our six-unit building brings home $67 net profit straight to his checking account. Honestly, the reason that guy won't budge from his position as the building rep is because it's basically easy money for him. You could easily go verify all this in the homeowners association
records.

It doesn't actually matter how many square feet those apartments have, because you get paid per unit, and I’m positive he didn't mention that to you!

Aaron Myers10 said:Look, the actual square footage doesn't even matter here—the payout is based per unit, and I'm pretty sure he definitely didn't mention that to you guys!

Wait, I'm kinda lost here... what do you mean?!?
I mean, there isn't really much for him to say to them—the homeowners are the ones who actually picked him in the first place.
The management fee in those monthly dues already covers things like the cleaning service and the building representative fee (among other stuff).
Honestly, anyone who has ever bothered to glance at an annual report from a company like Greystar (or whatever property management firm handles the building) knows exactly how this works.
That report shows every single penny coming in and going out—including the specific compensation paid to the resident rep—so it’s really not some big mystery.
If the owners aren't happy with the representative, they can just swap them out—you just need to round up enough votes from homeowners representing at least 51% of the building's total area.

The real issue, though—and I guess this is just how it goes—is that most people just can't be bothered to deal with all that paperwork. It's basically the perfect job for someone who's retired and looking to stay busy.

So I’m just heading out from work the other day, right? And I look over at the construction site—the one where those guys have been grinding away for the last few weeks and basically finished everything... and there's this massive sign slapped on the gates: CONSTRUCTION SITE CLOSED!!!
Finally!!!...
I honestly thought they weren't even gonna show up...
So, what’s the move now? Is the building inspectorate actually gonna step up and enforce the rules this time, or are we stuck doing their job for them again...
Does he seriously have to put everything back exactly how it was? I mean, the guy went all out... he even remodeled the whole bathroom and the powder room!...
You know what else is bugging me? What about the landlord? He knew exactly what was going on—that all this work was being done without any building permits or even getting the green light from the neighbors. He was right there in the trenches with the HOA rep, pulling the whole strings to flip the entire space... I really wonder if he’s gonna end up facing some consequences for all that too...