Homeowner Allowing Guests to Stay for Long Period of Time

Started by MikeV • 6 replies • 1515 views

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MikeV (New Mexico)
Posts: 31

Posted:

I serve on the BOD for an HOA made up of approx 120 single-family homes in Pennsylvania. A homeowner has complained that another homeowner apparently has had 'guests' living in their home for a lengthy period of time. I don't know how long the guests have been there, nor do I know if they are paying any sort of 'rent' to stay there. The homeowner still lives in the home, so this isn't a situation of the entire home being rented/leased.

I know the first place to look for guidance and rules is in our documents, and I am doing that. But I wanted to reach out to the HOATalk community and get some thoughts, ideas, and suggestions. Our documents have rules for leasing an entire unit (home), but not for leasing/renting bedrooms of a unit.

What course of action should the BOD take if these 'guests' are staying for a prolonged period of time or if they are paying some type of rent to stay there?

Does anyone know of Pennsylvania law that explains an alloweble amount of time for guests to stay at someone's home?

We have a slight parking issue in our neighborhood and I'm sure that some of the complaining homeowner's concern is that the 'guests' are taking up some of our already-limited parking. Are there other more general things that the BOD should be concerned about regarding these guests?

Thanks in advance for your input.

PeterD3 (Florida)
Posts: 708

Posted:

The best bet is to see what "outside of the home nusiance" or violation may be caused by the suspected guest and address that.

Getting involved in the private activities inside one's home not otherwise evident from the outside or adjoining unit(s) (i.e. noise, odors, etc) is nearly impossible to prove and not a winning strategy.

SusanW1 (Michigan)
Posts: 5,202

Posted:

What do you mean by "guests"? A single friend is staying or a family with 5 kids and two dogs?

I guess you will have to investigate the complaint by the other homeowner, but what exactly is the problem (noise, cars, traffic)?

With the economy the way it is, encourage a little slack in this area.

MikeV (New Mexico)
Posts: 31

Posted:

By 'guests' I mean one or two adults who each have their own vehicle.

We are currently investigating the complaint to see what other concerns might exist from the complaining homeowner's point of view.

I agree with allowing slack and being lenient nowadays, but since a complaint was made, I am obligated to research the topic/issue and provide some sort of response to the complaining homeowner. Also, if legally necessary/appropriate, we'll be forced to follow an appropriate course of action regarding the homeowner who has the guests.

I suppose right now I’m just looking for thoughts or other personal experiences to help guide and contribute toward our research.

Thanks again.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ask the complainant to specify the portion(s) of your governing documents he/she feels is being violated .. ie. 'I don't like the guests staying over.' would not be a valid complaint, but, 'the owner is in violation of 'art 1, sect 5, para (f)' should be cause for BOD investigation

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mike,

Unless your Association has a covenant or guideline regarding the length of stay for guests, the Association should stay out of it.

I understand the parking concerns but unless the Association has a guideline limiting the number of vehicles per lot or the length of time a vehicle may be parked in one space, the Association should stay out of it.

You did not identify what the actual complaint was. You did speculate on why the complaint was made (parking) and I suspect that this might be an issue around the complaint. However, the Association is obligated only to investigate violations of the covenants and/or guidelines/rules.

I would suggest not reading anything into a complaint but take it at face value. Then respond to it citing any covenants, or the lack thereof, that support your response.

If the BOD wishes to look into assigning parking spaces or limiting guests, they may certainly do this. However, unless a covenant or guideline/rule has been violated, the Association should stay out of it.

Tim

MikeV (New Mexico)
Posts: 31

Posted:

I appreciate all of the replies and suggestions.

We have confirmed that no part of our covenants, rules, or by-laws are being violated and that no part of the PA Uniform Planned Community Act is being violated, so as Tim suggested, we will stay out of it.

You have all helped put me on the right track. Again, I appreciate the assistance.

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