HOA rental rules

Started by CathyG4 • 9 replies • 659 views

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CathyG4 (Washington)
Posts: 1

Posted:

I have purchased a small condo unit for my disabled brother to live in. He is not on the title as he is disabled.
The HOA has limits on rental units, and have exceeded that number by a few units. They are trying to consider my unit a rental since my brothers name is not on the title. I have tried to explain that it is not a rental as I do not collect rent and do not plan for anyone except my disabled brother to live there. Do you have any suggestions on how to resolve this issue?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

No one likes my answer on this. The HOA doesn't own your property so how can they enforce? Talk to a lawyer and ask if a HOA can actually restrict rentals in your state. Most states it can be written but not necessarily enforced. Plus can you leave out the disabled brother part? No offense that doesn't matter. The HOA doesn't care. Just that if you are using it as rental as you are not in it a primary resident.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

You should review your governing documents and other rules/regulations for your condo, and check the exact wording of any rental restriction. Language matters when dealing with any legal issue. An attorney can review the documents as well as applicable case law in your state to see if you have a chance of prevailing in court. Courts have shot down numeric rental caps, although not consistently or in all states - the reasoning being that a numeric cap is arbitrary and the restriction does not treat all owners equally.

Many HOAs do not consider first degree relatives (parents, children, or siblings) to be tenants, and if I were making a decision about this I would not consider this a rental either. If I were on the board, I would also be treading carefully since Fair Housing or ADA laws **may** come into play here. However, your brother is not an owner and the HOA has no legal relationship with him, which makes this less clear. (You should also ask your own attorney and insurance agent about your obligations, since you may have unwittingly taken on additional liability as the owner of the unit.)

GeorgeS21 (Florida)
Posts: 3,808

Posted:

What do your governing docs say?

I would make sure I was on the record with the Board by ensuring a professional, formal correspondence audit trail existed.

Explain your position, note the reason you bought the unit, etc.

Make sure you do this via registered mail, in a respectful manner - the Board’s response may be different.

If you still feel strongly, then meet with an attorney.

NpS (Pennsylvania)
Posts: 4,216

Posted:

If you are going to speak with an attorney, see if you can give your brother a life estate or some shorter-term non-rental right in the unit without negatively impacting any of the governmental benefits he receives. Better to seek out someone who specializes in benefits law as the path to a viable solution will probably involve specialized knowledge.

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

Looks like you're receiving some very helpful advice, CathyG.

LetA (Nevada)
Posts: 2,679

Posted:

I really fell bad for you and the position your board is putting you in. You have a small fight to go up against a misguided board, and it is going to bite them in the arse BIG TIME.

I too feel that first line relatives are exempt from any prevailing covenants or rules and regs of a common interest community, It may cost you anywhere from $100.00 to $1000.00 for a lawyer to craft a letter to your association. Hopefully your BOD wises up upon receipt of the letter and backs off, if they in turn take that letter to the HOA'a council, the HOA attorney will advise them to back off.

EllieR1
Posts: 5

Posted:

Why not just keep it simple and add him to the deed? Normally I would say fight them as yes, it's ridiculous. But it's cheaper and easier to just add him.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By EllieR1 on 11/06/2019 10:23 AM
Why not just keep it simple and add him to the deed? Normally I would say fight them as yes, it's ridiculous. But it's cheaper and easier to just add him.

May affect any disability benefits he's receiving.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By CathyA3 on 11/06/2019 10:58 AM

Posted By EllieR1 on 11/06/2019 10:23 AM
Why not just keep it simple and add him to the deed? Normally I would say fight them as yes, it's ridiculous. But it's cheaper and easier to just add him.

May affect any disability benefits he's receiving.

That's why I recommend a consult with a lawyer who specializes in benefits law. It's a very convoluted system where one false step can affect a bunch of different services to a person with disabilities.

Sikubali jukumu. Read all posts at your own risk.

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