Rentals

Started by AnitaT • 2 replies • 1431 views

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AnitaT (Arizona)
Posts: 18

Posted:

Our HOA passed a 'No Rental' clause which was added to our recorded CC&R's. One Homeowner continues to have "friends and family" staying and claims not to charge rent. What can we do?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anita,

If there is no lease, there is no way that you can try to enforce a "no rental" clause. Some associations have passed a maximum stay to their CC&Rs. Trying to enforce who is inside a home is difficult at best and probably would be not a case to win in a court of law. If the unit owner is in the home then for sure you would have a difficult case to prove but I assume that the unit owner is not living there?

GlenL (Ohio)
Posts: 5,491

Posted:

Anita, rental property in Arizona must be registered with the County, so I would contact them to see if the home is registered. If it is not, you could voice your suspicions and perhaps they will investigate since they are loosing out on tax revenue.

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