Can my friend pay to live with me?

Started by JennyP2 • 13 replies • 840 views

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JennyP2 (Texas)
Posts: 2

Posted:

My HOA has this clause. My friend is going to come live with me. She will have access to the whole house but will give me a few hundred dollars a month. I don't think it is a violation but wanted to hear other thoughts. We will be sharing the kitchen etc. The only word that concerns me is no lodgers,

https://imgur.com/a/meyrVq7

JaredC (Texas)
Posts: 264

Posted:

"To the fullest extent allowed by law" is the first clue about unenforceability. The other clauses about kitchens and blood. Please. Don't worry.

JaredC (Texas)
Posts: 264

Posted:

Also HOA law in Texas is Chapter 209. Condo law is chapter 81 & 82. I don't know where that law you posted even came from.

AugustinD
Posts: 5,144

Posted:

If you are queried, tell them the friend and you are co-habitating and splitting the cost of basic living there (food, electricity, water, natural gas), just like two married people.

RichardP13 (California)
Posts: 3,868

Posted:

IMO, yes it is a violation. So long as no one knows, "don't ask, don't tell".

PainintheA
Posts: 77

Posted:

Quote:

Posted By AugustinD on 08/03/2018 4:10 PM
If you are queried, tell them the friend and you are co-habitating and splitting the cost of basic living there (food, electricity, water, natural gas), just like two married people.

AGREE

as per: (ii) of your posting

JennyP2 (Texas)
Posts: 2

Posted:

Thank you all for the responses. This is my first house and I'm very nervous. My bf will also be living with us, so I can't pretend to cohabitate. hopefully no one will ever ask!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JennyP2 on 08/03/2018 7:19 PM
Thank you all for the responses. This is my first house and I'm very nervous. My bf will also be living with us, so I can't pretend to cohabitate. hopefully no one will ever ask!

A threesome could cohabitate....of course they will talk about you 3.......LOL

The 3rd is a relative living with you.

JaredC (Texas)
Posts: 264

Posted:

It's your home not the HOA's. That rule is a joke.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Just claim your friend is a domestic servant.

Escaped former treasurer and director of a self managed association.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I would say under clause (ii) that your scenario would not be a violation. Under that clause, this qualifies as a single family:
"One or more natural persons, not so related, but who are maintaining a common household in a single family residence with a common kitchen and dining area."

This would suggest anything is ok as long as you don't subdivide and set up a separate kitchen.

Escaped former treasurer and director of a self managed association.

TimM11
Posts: 354

Posted:

I agree with Douglas; you're covered under the wording.

JenniferG11 (Texas)
Posts: 667

Posted:

Actually they are not legally 'maintaining a common household'. The friend IS a lodger. She's renting a room and kitchen access. The issue is the HOA doesn't need to know that. And can't prove it.

PaaN
Posts: 219

Posted:

..... renting a room and kitchen access. .....

Is very different from:

..... common household in a single family residence with a common kitchen and dining area. .....

BUT

? How could the HOA differentiate from or even know which ?

Temporary? please define in a court acceptable manner

Transient? please define in a court acceptable manner

The 'trend' in law is AGAINST restrictions on private property use, so, if any 'rules' appear vague or 'debatable' they most likely will be found unenforceable.

ps. In NYC circa the 70s Single Family for construction purposes was defined as:

Single and COMMON entrance/exit + single and COMMON cooking facility (kitchen) + NO interior 'compartmentalism' involving keyed locks.

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