HOA - "No Owner may lease less than the entire Unit"

Will they be signing a rental agreement or are they just a roommate?

Rent it out, tell no one. He is your roomate, he pays no rent. Tell him to respond the same way. Its really no ones business.

They will be signing a rental agreement


I'm not sure, I'll have to check


Yes, I'm suggesting that people can use discretion when choosing to enforce certain rules. The community is small and incomplete, there's no clubhouse, pool, etc. There's just going to be a central courtyard. Each of the units has an attached 2-car garage so it wouldn't interfere with parking. I would be still living there to take care and have the motivation to take care of the unit. It's all new construction so everyone is a recent owner, I doubt anyone is looking to sell their unit 9 months after they bought it. So in the end, I don't see how renting out a room in my specific situation would be a major inconvenience to anyone, but if I'm missing anything, please let me know.

yes, you're missing:

you are planning to violate a contract which you WILLINGLY signed, even before moving in ~ should any neighbor violate the same contract to YOUR detriment YOU would scream bloody murder

evidently the neighbors do not want AND CONTRACTED NOT TO ALLOW room rentals

in addition i'll wager the subdivision is ZONED single family ~ a room rental would be a violation, the whole house rental not

CAVEAT EMPTOR

I agree.

I believe in CCR/Bylaws that control certain things, but I will never support any rules that say what you can and cannot do within your own house.

I checked the area, it's technically in a Two-Family Residence zone. The Master Deed doesn't make any explicit definition of "Single Family Residence".

The master deed explicitly states that:

"Owners of Units are permitted to lease their Units, although there are certain restrictions imposed under article 10.0 of the Master Deed."

Which are:

"No unit shall be used or rented for transient or hotel purposes which shall be defined as (i) rental for any period less than six consecutive months; or (ii) any rental where the occupants of the Unit are provided customary hotel services, such as room service for food and beverages, maid service; proved, however that any Owner my rent a Unit for less than six months to a contract purchaser, but in no even for transient or hotel purposes. No Owner may lease less than the entire unit. Copies of all leases executed by an Owner, other than the Sponsor, must be furnished to the Association prior to the commencement of the lease term. Other than the foregoing obligations, Owners shall have the right to lease the Unit provided the lease is in writing and is made subject to all of the provisions of this Master Deed and By-Laws of the Association and other documents referred to herein, including the right of amendment reserved to Sponsor, and provided further, that any failure of the lessee to fully comply with the terms and conditions of such documents shall constitute a default under the lease."

And if I fail to comply I have 30 days after written notice to resolve the situation.

I'm just looking for a housemate to help pay some bills, everything else is in my name HOA fees, etc. I'm not interested in running a hotel or frat house, which I believe is the intent. But I don't want to have to evict a potential roommate on a technicality.

If I just create a Roommate Agreement instead will I avoid this issue?

No, not necessarily. I prepare taxes and a business (sole proprietorship) is reported on Schedule C. Rental income is reported on Schedule E. I have done returns for clients who rent rooms.

If the HOA is unable to prove that the person staying with you is paying rent, then it would be difficult to find you in violation of the rental portion of the bylaws. Though if they press the matter, it could wind up in court with you under oath (and on the hook for HOA attorney fees as well).

Frankly it's a matter of interpretation. If you lease the entire home (including your bedroom) to the tenant, then you could argue that you're not in violation of leasing less than the entire unit. But the HOA could certainly find an attorney that has a different interpretation that suits them.

Thanks Bruce, I was hoping you would chime in about that. It's kind of a fine line there with roommate and rooming house. Wasn't sure exactly tax wise the effect.

The worse case scenario: You two can always "Kiss" when leaving the house... No one would ever question your arrangement then... That was a joke people!!!

Steve he was NOT doing a roomate agreement. He was renting out a room. This is kind of different. A roommate would share the lease agreement and bill responsibility per agreement. Renting a room is the owner retains ownership/responsibility and makes money off the rental. Roommates share the costs and tenants pay the costs.

Sharing the same bathroom, kitchen, water, electricity, sewer, utilities, etc.......yeah........... its called a roommate. A room is not a separate living, habitable unit. Its no different, no matter what paperwork is signed.

Sorry folks, but covenants make clear a property owner cannot rent a portion of the home. That means boarding rooms, which means a person is renting a portion of the property for exclusive use, independent of the property owner (the bedroom). Why move to community that forbids an activity in which you wish to engage?

That a renter may access the entire property is not the issue. HOATalk.com members - I'm guessing community volunteer leaders - should respect the role of CC&R's in board discussions.

Going to agree with Kelly on this one.

The spirit of this rule is to prevent room rentals. Without getting into tenant law, this phrase is in most documents I read and meant to prevent portions of homes/condos being rented out, even if the tenant has access to the rest of the unit.

The difference being talked about above by others is exclusive use and non-exclusive use.

If the HOA finds out you have rented out a portion of your unit (bedroom) for exclusive use by a tenant (regardless of title), you're in violation of the docs and subject to fines & most likely other "corrective" action by the HOA.

You may be able to skate the rule with a non-exclusive lease agreement (meaning you still have access to your tenant's bedroom at all times - ack!), but why risk it?

Renting out a room in an association with this rule in place is a very bad idea as it could carry significant legal ramifications, including foreclosure, evictions, tenant lawsuits, etc.

I can understand your argument but without more explicit rules, how will you deal with girlfriend or boyfriend moving in and if that is acceptable, are you prepared to deal with sexual orientation if "Bob" and "Larry" or "Alice" and "Betty" live together? When the homeowner lives in the unit, I think you will not be able to prove room renting unless the rules are modified. My rules say no renting of rooms and only the entire unit may be rented and our official policy is that no more than 2 unrelated adults can live in any house. That rule gives people leeway to live with their girlfriend/boyfriend but they cant ask another unrelated adult to move in.

Always remember not all CCR/Bylaws are enforceable just because they are on paper.

Our policy is no more than 2 unrelated people living in the house. 3 unrelated people would not pass muster. Family units are not always married. We try to be reasonable.

DITTO

After reading through this "blog"...which is certainly an older discussion, but one that is of timely interest to many that are searching for answers to the question of room rentals and or home shares, I provide the following.

Always check DEFINITIONS.

You may think that you know what something (an everyday word) means, but it is the LEGAL definition that counts.

FAMILY - look for definition in your CC&R's. Most CC&R's do not define "Family". They ASSUME that every one knows what a single family IS.

They may refer to "single family residence". "Single Family Residence" is a description of a type of building, home or shelter. It is not a definition of "Family"

Definitions for Family, and Single Family Residence will always be located in your City Planning and Zoning codes. Many, are available on line. Do a search.

Most of the City, County and State definitions for FAMILY are similar, but not all are exactly the same.

EXAMPLE of MY city definition -

City of Springboro Planning and Zoning Code
Draft Date: October 29, 2014

Definitions from Title 6 Chapter 1290

1290.02 DEFINITIONS.

(29) Family . "Family" means EITHER of the following:
A. A domestic family , that is, one or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with domestic staff of the principal occupants and not more than one additional unrelated person, with all such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.

B. The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.

Definition for Single Family dwelling

(23)
Dwelling, Single -Family. "Single- family dwelling" means a detached residential dwelling or housing unit, other than a mobile home, designed for and occupied by one family only,including public housing units and industrialized units. (Ord. 546B. Passed 2-25-76.)
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The above, from my city, is one of the more restrictive as compared to MANY others that I researched.
It limits, in (A) - "not more than one additional unrelated person" (it does not restrict to Rental or Shared accommodation.....but seams to require the use of the Entire residence....which of course is the usual case for a room rental.

It states specifically - "with all such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling."

Many (most) cities allow more than one "unrelated person"...such as 3, 4, ...and a few have no limiting numbers.

Now, go look up "single, domestic, housekeeping unit" A little fuzzy, but, proof is that you share the entire space, contribute to the care and maintenance, Share kitchen facilities, and basically interact as a family. (you can still note the obvious personal privacy issues of bedroom and toilet facilities)

I helps that a roomer has their driver license, car registration, receives mail at the residential address etc. etc.

I suggest, that you carefully write up a "Home Sharing" agreement. Costs to be shared. The costs, that you figure out each month just happen to be the same...or, what ever you can think of for your situation.

My city allows as a definition of "family" as above, - "together with domestic staff of the principal occupants". Do a search on "Domestic Staff" - live-in.

Interestingly, no limits for the number of Domestic Staff are given. No minimum wage requirements are required under the Fair Labor Standards ACT for certain domestic staff. RESEARCH!

This "Domestic Staff" inclusion to the definition of Family is present in every city definition that I researched.

In MY situation, I am a single retired guy. I rent a "share of the entire 5,126 sq ft.home to one "unrelated individual", AND I have one Roomer designated as "Domestic Staff"

My HOA can not argue that I have single family living in my single family residence.

One other way to incorporate another roommate as a family member, is to obtain a Domestic Partnership.

These can be found on-line at many CITY Commission offices and can be done by mail.
see here- AND, RESEARCH for yourself. This is a pretty innocuous document that actually means legally....nothing. In Fact, if you have the thing notarized, but don't actually file it....and present the document to your HOA, they will immediately shut up.....you should remind (warn) them of their fiduciary responsibility to safeguard your personal life choices by not divulging this information because of potential harassment and prejudicial treatment from the community. (You're holding them responsible!)

EXAMPLE - Domestic Partnerships
http://www.cityofdayton.org/cco/Pages/Registry.aspx

OK, done with Rant!
Thanks,
Chuck

Geno wrote -
"I have heard discussion (not here) that suggest that the definitions of legal terms at the time the document was written become the binding definition forever. At least in Florida, and with some exceptions. The reasoning is Florida law holds contracts to be near sacrosanct and the meaning of the terms when the contract was executed cannot be changed in the future. In short,conceno Florida law may operate (again with a few exceptions) to retroactively change anyone's rights under a contract/term that has come about. . It's in the Florida Constitution and a subject taken very seriously in the state."
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Hi Geno,
The above may be true But, sometimes time and new concepts develop.

Example - "Domestic Partnership", a relatively new concept.

In the example of "family" as copied from my city Zoning/planing definition, Domestic Partnership is not mentioned.

Should it be restricted because it is not mentioned specifically? Or, should the planing commission (and therefor the HOA) accept it because of the City Ordinance that states a family relationship IS recognized for legal purposes and the reasons why?

Example-
http://www.cityofdayton.org/cco/Documents/Domestic%20Partner%20Registry%20Ordinance.pdf

Laws change, some contracts ARE overturned/overruled because of "progressive thinking"

Example - Fair housing R/T discrimination.
Many contracts that were related to no sales or rentals of property to minority groups were made ineffective by new language and laws implemented with changing views of equality and freedom.

In New York you could not rent or sell your property to an Irishman at the turn of the 19th century. I think that is a good example R/T your statement.

PERFECT

CASE CLOSED

In your agreement, your HOME SHARE should stipulate use of all amenities and rooms ie; kitchen, living, basement, Laundry, garage...(the entire residence). This is much like any room rental agreement. No body is confined to their bedroom...except small children for poor behavior...LOL

You are sharing the entire residence...as you would a family. And, SHARING the ENTIRE residence should be definitely stated in your agreement with you "unrelated person or persons (as defined by your city codes for Family definitions)

Certain distinctions for privacy, (toilet, bedroom sleeping etc.) as in any family would apply...regardless that it is or is not stipulated in writing the agreement.

As with any Family, certain oral agreements are made and changed as circumstances warrant. ie, "if you're gonna watch cartoons and wrestling, go do it in your own room and TV"!

Obviously, the HOA rules still apply to everyone, but, the HOA should not contact anyone regarding HOA business EXCEPT the OWNER of the property listed upon the deed.

So, that means that the HOA shall not approach your children, Domestic Employees, Domestic Partners or any one of the unrelated persons defined as "family" in your city codes and planning schedule, that are living or visiting your residence whom the HOA believes is not in compliance.

If within the CC&R's it is required to name and identify your children, step children, girlfriend, aunts, uncles etc, ...then by all means give them the information required. But, they are not to be approached. It is the Title holder that is responsible and the only person to contact.

A Lawyers view of "Single Family" as it relates to CC&Rs and HOA's.

http://rkw-law.com/files/6813/4627/3030/What_is_a_Single_Family_RKW.pdf

As well as DEFINITIONS for "family", in ones City or County Planning codes, one needs to look up definitions of "boarding house", Hotel, Motel, Assisted living, Coterie and ANY other definition that you THINK that you know,....but you really don't.

As for "Exclusive Use", Apply that term to YOUR traditional definition of Family.
I think that you will find that your child, or mother-in-law or sister will state that they have Exclusive use of their particular bedroom and or bathroom.

Exclusive use, IS noted for hotels and motels by the contract that is signed, and most importantly, the locks provided to the rooms rented....

Yes Geno,
But what is MORE interesting, is that there is NO LIMIT to related individuals.
So, a family of 14 all related as above may occupy a SFR or Condo. (given Code exceptions for people per sq. ft. and bedroom per persons allocation withing the City Planning codes.

The USUAL problems in need of oversight and enforcement are not related to the type of occupant,(renter, owner, room mate, grandma from another marriage )

The problems are.... Parking, noise, maintenance, trash, Dog doo, and other things that are already stipulated in most CC&R's. These are the "easy" things to go appropriately after.

Trying to figure out who is related, who's a renter and who is a somebodies Grand Mother is ridiculous.

Rental restrictions do not improve values. In fact, rental restrictions can harm values.

My HOA still has arcane restrictions limiting homes to "single family" residences but wisely gave up on enforcing, or even trying to interpret, what that actually means.