California HOA - Can HOA Ban Room Rental if owner will still be living on property

Started by ParkerT • 20 replies • 1552 views

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ParkerT (California)
Posts: 3

Posted:

Los Angeles County California HOA - Can HOA Forbid a homeowner from renting a room to his friend. It says in the CCRs that the owner can only lease entire unit, but are there ways that homeowners can get around this ban? The owner will still be living on the property.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Parker

Such an arrangement, room rental, with owner still living on the property would be very tough to prove. Easy for someone to say a relative, live in friend, lover, etc.

ParkerT (California)
Posts: 3

Posted:

Thanks John, I agree it would be very hard for the HOA to prove, and also the owner could just write up a lease for the entire unit that gives the room renter use of the entire unit. Then the owner would technically not be violating the room rent restriction.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The reason for the rule is to prevent a "Frat house" or Bed & Breakfast situations from occurring. People have rented rooms out to college students etc... So I would look into those laws that pertain to this aspect of the law in leasing. Most likely this would be forbidden in your documents for operating a business if you wanted to stretch it.

Former HOA President

PaulJ6
Posts: 990

Posted:

Quote:

Posted By ParkerT on 06/27/2020 11:41 AM
Los Angeles County California HOA - Can HOA Forbid a homeowner from renting a room to his friend. It says in the CCRs that the owner can only lease entire unit, but are there ways that homeowners can get around this ban? The owner will still be living on the property.

One could have a lease of the entire unit, but charge penalties (such as triple rent) for use of more than a room, for example. But that's violating the rule in spirit.

KerryL1 (California)
Posts: 14,550

Posted:

Our Condo CC&Rs say the same thing, Parker. But over the years, we've had many situations where the Owner took in an additional non-related person to rent a room. This also has included the tenant's use of the entire condo as there's no separate pentane for such an occupant. Most take in a housemate when a couple has broken up & one moves out. We also have had caregivers live in the 2nd bedroom and pay low rent to help with an infirm resident.

We haven' pursued any of these. whole different story of someone reacts out a room via AirB&B for short term rental.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Probably better to follow the rules you agreed to follow.

LetA (Nevada)
Posts: 2,679

Posted:

Until it becomes a nuisance I would let it go. The person may be a caregiver, house keeper or even a boarder.

AugustinD
Posts: 5,144

Posted:

The posts by JohnC46, KerryL1, and LetA make the most sense to me.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Is this a short term rental (airB&B type) or long term (room mate)?

Here is a link to Davis-Stirlings Renter menu page which will likely answer your question.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Again, ParkerT, what did you agree to do when you bought the property?

ParkerT (California)
Posts: 3

Posted:

This would be A long term lease. The original CCRs state that you can’t rent less than the entire unit, but the updated/amended CCRs make no mention of a roommate type situation. I’ve read that there is case law that stated if you are an integrated economic unit ie sharing bills that it’s allowable. I competently understand why an HOA wouldn’t want to rent out each room to a family and have 9 people living in a unit, but in my case it would just be one roommate who is a good friend.

MarkW18
Posts: 1,290

Posted:

I don't think the renting or leasing of less than the full unit has any teeth any longer in California as the Governor signed a bill in 2019 that allows Accessory Dwelling Units or ADU's. HOA's protected from this legislation.

MarkW18
Posts: 1,290

Posted:

MarkW18
Posts: 1,290

Posted:

HOA's are not protection from the legislation

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MarkW18 on 06/29/2020 9:56 AM
HOA's are not protection from the legislation

I agree.

KennethS2 (California)
Posts: 36

Posted:

This also includes a JADU - a room to rent. It does have to meet some requirements and it was signed into law and took effect on Jan 1, 2020. Look at California Civil Code 4751.

Ken

KennethS2 (California)
Posts: 36

Posted:

This also includes a JADU - a room to rent. It does have to meet some requirements and it was signed into law and took effect on Jan 1, 2020. Look at California Civil Code 4751.

Ken

CindyA7 (California)
Posts: 3

Posted:

I saw a note from Davis-Stirling site suggesting that room rental restrictions may be impacted in this new legislation. It suggests that a former room rental ruling in favor of the HOA may possibly no longer usable as positive case law against the homeowner.

Here's the link:

https://www.davis-stirling.com/HOME/Statutes/Civil-Code-4741

See the note at the bottom which says:

Recommendation: The January 1, 2021 addition of Civil Code §4741 to the Davis-Stirling Act may have impacted the ruling in this case by contemplating owner occupied rentals in subsection (e). Boards of directors should consult legal counsel when drafting rental and leasing provisions.

If you click on the highlighted S4741, you can see what it says in section (e).

I am not a lawyer and am not giving legal advise, but it seems to me that the door is being opened for homeowners in HOA's to be able to rent rooms. At the least, it shows that California supports people who provide rental space for people to help with the housing crisis. It's a public policy issue.

Does anybody have any more information on this and how it can help owners who want to rent a room?

SheliaH (Indiana)
Posts: 6,964

Posted:

This is an old post - you're better off repeating your question in a new conversation so you'll get more current information

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MaxB4
Posts: 3,513

Posted:

This is actually less than a year old, so I am ok with it.

What HO have to worry about is allowing short term rentals such as AirBnB which might violate a local city ordinance.

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