Problem with possible room rentals

Not long ago, a resident of our gated townhome community advertised a room to rent on Craigslist. We learned about this after another neighbor reported that he had been accosted by a strange man asking if he was in the right place for a room to rent.

Our community does not yet have a proper policy that would prohibit rental of single rooms within homes, although such a room rental would violate local zoning codes requiring single-family homes. Our property manager asked the neighbor placing the ad and she has denied all. However, we have periodically seen strange cars coming and going from her home and she apparently gave a "clicker" to one of them, allowing them to enter the gates without stopping at the guard house.

A number of us are alarmed because we pay a lot for our large single-family homes and for our 24/7 security services. By renting a room, especially to someone on Craigslist, she would be significantly lowering the barrier to entry to the community, not to mention her violation of the zoning code.

Has anyone experienced this? If so, how does one find out if she is actually renting without invading her privacy? We could get a VIN number and license plate number from the car, but she could easily claim they are guests staying with her. (In the past, she has claimed that the strange people there were her son's friends.) We could report her address to our local code enforcement bureau, but what if we are wrong? Short of uncovering a rental agreement in her garbage can, we're not sure what to do.

Any thoughts would be welcome. Thanks.

David,

I believe you are overthinking the issue.

You admit you have no rental restrictions.
Therefore, it is not an Association issue.

If you believe it's a violation of the law or local zoning regulations (and I believe you are in error here), then contact the appropriate agency.

I personally have zero idea on how a rental of a room lowers the barrier to entry to the community means.
Based on the language you have chosen, I would caution you from utilizing that language with friends, neighbors and especially the member and their tenant. It could place you on the wrong side of a discrimination legal action.

Thanks to those who have given constructive feedback.

To answer some of the questions raised:
1. No, this is not a personality issue or anything discriminatory. We try to treat people fairly. In fact, we are disappointed that a well-regarded neighbor would advertise a room rental on Craigslist (we have proof of the ad), deny everything to the property manager and then, over the course of months, we see various strange cars there for weeks at a time. At least one of those drivers has been given the gate-opening device usually reserved for residents and their families.
2. We would not go to the authorities without firm proof. And, yes, privacy must be a strong consideration. However, our zoning code is explicit in that our area is for single-family homes only. Anything else would be a violation. We have reason to believe that our neighbor has constructed one or more apartments on her basement level, since a good deal of construction was being done there last year.
3. Regarding barrier to entry, our bottom-level homes now sell in the mid-$800K range (before renovations) and a number are in the seven figures. Monthly rentals of entire homes are around $5K or more. The room on Craigslist was advertised at $1200 per month. Need I say more that the bar has been substantially lowered at a time when each homeowner pays several thousand dollars a year for 24/7 security? If a room (or rooms) is, indeed, being rented at this low rate, then the neighbor has driven a hole right through our security operation. We doubt she would do a criminal background check or much of anything else. So, suddenly, we do not know who is living in our save and secure community.

Any additional advice is welcome. Thanks.

Your wrote, David: "We have reason to believe that our neighbor has constructed one or more apartments on her basement level, since a good deal of construction was being done there last year." If against your own governing documents or city codes, you do want to worry abut this.

Would Architectural Committee (or board) approval be required in your HOA to build such an addition? I'd think it'd require a building permit, as PitA points out? PiTa's advice makes a lot of sense.

If this H/O is so desperate for extra income, I wonder why in the world she charges only $1,200/mo rent for a basement apt. or even a room?

Do yourself an emotional favor and worry less about "who" is living in your HOA. Already there are plenty of people who have access to your HOA for various services to it or to individual residents. Some likely are supplied with clickers to enter the gate. As with our HOA, background checks are done on the staff of 17 or so who provide full-time services, via three vendors, on site including 24/7 security. We also have several other who provide weekly, bi-monthly or monthly services.

But with 200+ condos that sell/rent at the same prices you state, and nearly 30% renters, we do not worry about every single residence and who exactly the residents are in each. We have their contact info and car info. Period. In the 9+ years I've been on the Board we've had two problematic Units' tenants, who were evicted. We've never had any robberies, assaults, etc., and live (happily!) in an urban center.

I hope this is a little reassuring to you & your neighbors.

I also had similar problem when i was with room mates at sacramento