Housesitting

Started by JudyL6 • 6 replies • 1243 views

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JudyL6 (California)
Posts: 3

Posted:

Our CC&Rs (CA) state ""For the purposes of this Section, a Unit is leased or rented if any non-owner resides in that Unit, unless the owner also resides in the Unit.” An owner in our Association rents his unit to a man who continually has "house sitters" while he is out of town for as long as 3 months at a time. The owner does not allow (per rental agreement) or even want subleasing but feels housesitting does not constitute subleasing.

The Board believes that it doesn’t matter whether the person is housesitting. As long as that person is residing in the unit while the renter is not, the CCRs consider that “housesitter" to be leasing or renting the unit, (in this case sub leasing) regardless of whether money changes hands.

Would this be a correct interpretation?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JudyL6 on 01/21/2017 7:35 AM
Our CC&Rs (CA) state ""For the purposes of this Section, a Unit is leased or rented if any non-owner resides in that Unit, unless the owner also resides in the Unit.” An owner in our Association rents his unit to a man who continually has "house sitters" while he is out of town for as long as 3 months at a time. The owner does not allow (per rental agreement) or even want subleasing but feels housesitting does not constitute subleasing.

The Board believes that it doesn’t matter whether the person is housesitting. As long as that person is residing in the unit while the renter is not, the CCRs consider that “housesitter" to be leasing or renting the unit, (in this case sub leasing) regardless of whether money changes hands.

Would this be a correct interpretation?

The above is your answer.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Judy,

Why is this an issue for your board? Is the owner, renter, or house sitter causing some sort of problem? It appears that your CC&R's allow rentals and that this particular unit is rented. Why is your board even involved in this matter if the occupant(s) are not causing a problem?

Whether a person who is house sitting for another is subleasing is a debate for law school students and should not be a topic of concern for a bunch of ne'er-do-wells whose highest achievement in life is that they bought a condo.

JudyL6 (California)
Posts: 3

Posted:

Thank you for your response. This is a problem for the HOA because we do not want strange people coming into the building and staying frequently for several months at a time. This renter has "house sitters" very often for as long as three months. Other residents are notifying us that they are concerned. The unit owner says there's nothing she can do because the visitors are house sitters. The CCRS do state that " a Unit is leased or rented if any non-owner resides in that Unit, unless the owner also resides in the Unit.” We are trying to figure if the house sitters are therefore considered renters, which would actually mean they were subletters, and sublets are not allowed. Yes, it would be great if the unit owner would pursue this. We are trying to figure out what we can do since she apparently doesn't plan to do anything. We are trying to figure out if she is in violation of the CCRS? If she's not, obviously, we can't do anything.

JanetB2 (Colorado)
Posts: 4,219

Posted:

The unit is "rented" and the individual renting the unit can invite anyone and their dog (unless pets are not allowed) to stay at their rented home. It is no different than if that Owner them self or any other Owner of any unit invited someone to stay at their home or house sit and which would also be their right to choose. When we travel we usually have a house sitter to take care of our pets and helps avoid vandalism which can happen when a home is empty for a period of time.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You don't want strange people staying for months at a time? What happened for the 6 months after you purchased? Was it different you were "strange people" once yourself as was everyone else...

A house sitter does not have a lease with the owner. They are also usually PAID by the owner to be there. So they have a good reason to be there and to be respectful. That's a pretty good sounding job to have. Free place to stay as long as I take care of it? Which is the sole purpose of a house sitter is to take care of the property and the things in it. This is fearful and not right in some way?

Former HOA President

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