Can HOA demand eviction of a roomate

ShannonM5 (Florida)
Posts: 7

Posted:

A homeowner has roommates, Can the HOA demand an eviction if the homeowner resides in the property?
Does it even count as a rental if the owner resides in the home?

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TimB4 (Tennessee)
Posts: 21,061

Posted:

Shannon,

Is the person a roommate or are you renting a room?
There is a difference.

Since it appears the Association did rental restrictions properly by amending the covenants, I would say the have the authority to enforce the covenants. This may involve monetary penalties and/or legal action.

If you are renting the room, the Association likely has the right to force you to stop renting the property if your rental makes the total rentals be over 10%.

AugustinD
Posts: 5,144

Posted:

-- Please answer TimB4's questions.

-- Rough impressions follow. What I say below needs to be confirmed by someone with expertise.

-- Is the Owner delinquent in paying the assessment for the home?

-- From reviewing the attachment and googling, this appears to be a HOA subject to FS 720.

-- See FS 720 at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

-- FS 720.3085 (8) (a) states:
"If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the monetary obligations of the parcel owner related to the parcel have been paid in full to the association and the association releases the tenant or until the tenant discontinues tenancy in the parcel."

-- FS 720.3085 (8) (d) speaks of when tenants may be evicted. This sections states:
"The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a monetary obligation. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51."

-- The OP will have to study FS 720.3085 carefully.

JohnC77 (California)
Posts: 562

Posted:

Does the tenant have any infractions from the HOA you are aware of?

ShannonM5 (Florida)
Posts: 7

Posted:

No, the tenant is perfect, The HOA is claiming that I have rented out the house and that I should have asked for permission from them? My father is fighting cancer and I was out of town, but I am back. This should not apply to the HOA guidelines of a 10% threshold. He is a minority is starting to feel like a prejudice issue.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 1:09 PM
No, the tenant is perfect, The HOA is claiming that I have rented out the house and that I should have asked for permission from them? My father is fighting cancer and I was out of town, but I am back. This should not apply to the HOA guidelines of a 10% threshold. He is a minority is starting to feel like a prejudice issue.

Me personally, I would tell them to pound sand.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Shannon,

While I suspect they may have standing to force the issue, it could be expensive - to both YOU and the Association.

And, while it may be a case of discrimination, if they have the CCR based right to proceed, it may not be something you can provide - unless you know of other concurrent instances of them NOT calling out white owners with renters.

Telling them to "pound sand" may end up costing you a lot of money - I would not do that.

If this is a large or well endowed HOA, I would be more concerned than if they have shallow pockets.

If your father is not a renter, none of this matters - you simply are a family living in the same house. If he is renting it from you, then there are some clever ways to address this - like selling it to him for the same monthly amount with an attendant will modification? Just riffing on this ...

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 1:09 PM
No, the tenant is perfect, The HOA is claiming that I have rented out the house and that I should have asked for permission from them? My father is fighting cancer and I was out of town, but I am back. This should not apply to the HOA guidelines of a 10% threshold. He is a minority is starting to feel like a prejudice issue.

For clarification, is there a person in the home other than your father?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Shannon

You are confusing some of us. Please answers some questions to help me.

How many "roommates" do you have?

Are any of your "roommates" paying you rent?

Are any of your roommates not relatives?

Is this home your prime/legal residence?

ShannonM5 (Florida)
Posts: 7

Posted:

How many "roommates" do you have? 2
Are any of your "roommates" paying you rent? YES

Are any of your roommates not relatives? NO
Is this Primary residence? Yes

ShannonM5 (Florida)
Posts: 7

Posted:

My roommates are not relatives.

I was out of state caring for my father who is fighting cancer. I needed help covering
the mortgage and I found 2 respeonsible tenants that I screened for credit, criminal and rental history.
My defense is that I am residing here. I do not believe that they
can evict a roommate when I live here?

What about the eviction Moritorium?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 3:10 PM
What about the eviction Mor[a]torium

Uh oh. Now she's done it. Trouble. And this starts with "T" which rhymes with "P" and you // know // what that stands for.

ShannonM5, go google on the moratorium in Florida and report back. Maybe you have a point.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By AugustinD on 01/25/2021 3:15 PM
ShannonM5, go google on the moratorium in Florida and report back. Maybe you have a point.

Eureka! The Moratorium says that Florida tenants can stay until January 31, 2021!

Post January 31, 2021, consider adopting the tenants or marrying both (in different states, of course).

ND (PA)
Posts: 792

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 1:09 PM
No, the tenant is perfect, The HOA is claiming that I have rented out the house and that I should have asked for permission from them? My father is fighting cancer and I was out of town, but I am back. This should not apply to the HOA guidelines of a 10% threshold. He is a minority is starting to feel like a prejudice issue.

I suggest holding back on making assumptions and simply present your Board with facts.

Fact is that you are not leasing your lot and therefore their claim is inaccurate and what they are asking you to do/provide is unnecessary. I suggest writing a polite reply to wherever the letter came from that simply indicates you are not leasing your lot. In my opinion, they are not owed any other information or explanation, and I suggest not voluntarily providing any info on whatever arrangement you have with the other individual in your home. Save all this correspondence for your records.

My interpretation of the amendment you provided is that it would only apply if you are renting your entire home and are no longer living there yourself. Since that is not the case, in my opinion, you have no obligation to inform them of anything or seek their permission.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 3:10 PM
My roommates are not relatives.

I was out of state caring for my father who is fighting cancer. I needed help covering
the mortgage and I found 2 respeonsible tenants that I screened for credit, criminal and rental history.
My defense is that I am residing here. I do not believe that they
can evict a roommate when I live here?

What about the eviction Moritorium?

I believe what they are concerned about is you running a "rental property". I can see their concerns if you were "gone" for a long time and only "your renters" were living there. When will you be leaving again for a long time?

Some HOA's have Rules & Regulations on people paying the owner rent to prevent a "rooming house" situation. Your situation appears to border on this.

Candidly, I am not sure you are as "innocent" as you are trying to be.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By AugustinD on 01/25/2021 3:19 PM

Posted By AugustinD on 01/25/2021 3:15 PM
ShannonM5, go google on the moratorium in Florida and report back. Maybe you have a point.

Eureka! The Moratorium says that Florida tenants can stay until January 31, 2021!

Post January 31, 2021, consider adopting the tenants or marrying both (in different states, of course).

President Biden extended the moratorium to the end of March, but a whole bunch of conditions have to be met. See https://www.alligator.org/article/2021/01/biden-administration-extends-cdc-eviction-moratorium-until-march . Presumably Florida is still covered by such a Presidential declaration. Though knowing Florida's values, and given the proclivities of a certain new "resident" there and his cult following, I cannot be certain.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ND on 01/25/2021 3:21 PM

Posted By ShannonM5 on 01/25/2021 1:09 PM
No, the tenant is perfect, The HOA is claiming that I have rented out the house and that I should have asked for permission from them? My father is fighting cancer and I was out of town, but I am back. This should not apply to the HOA guidelines of a 10% threshold. He is a minority is starting to feel like a prejudice issue.

I suggest holding back on making assumptions and simply present your Board with facts.

Fact is that you are not leasing your lot and therefore their claim is inaccurate and what they are asking you to do/provide is unnecessary. I suggest writing a polite reply to wherever the letter came from that simply indicates you are not leasing your lot. In my opinion, they are not owed any other information or explanation, and I suggest not voluntarily providing any info on whatever arrangement you have with the other individual in your home. Save all this correspondence for your records.

My interpretation of the amendment you provided is that it would only apply if you are renting your entire home and are no longer living there yourself. Since that is not the case, in my opinion, you have no obligation to inform them of anything or seek their permission.

All good points if she is innocent.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JohnC46 on 01/25/2021 3:24 PM
Candidly, I am not sure you are as "innocent" as you are trying to be.

I think this is a nice way of putting it. My own take at present is she is breaking the freakin' rules and/or covenants. Why? Because she does not like the very rules and covenants to which she agreed upon buying the home.

On the other hand, my heart goes out to all those struggling in this economy. ShannonM5, wield the moratorium like a sword, and remember that your new neighbor at MdL may not have been as generous.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By ND on 01/25/2021 3:21 PM

Fact is that you are not leasing your lot... My interpretation of the amendment you provided is that it would only apply if you are renting your entire home and are no longer living there yourself.

Hm. The renters can use the entire lot. They are using the water and electricity for the lot. They are using the parking for the lot. They are enjoying sunning in the backyard. Etc.

I think the lot is being leased.

ShannonM5 (Florida)
Posts: 7

Posted:

I am innocent. I was trying to care for my family. My roommates are respectful and quiet and clean. They are non-smokers, non-drinkers and they have no children or pets.

The HOA president sent me a text saying that they appreciate my honesty, and to take care of my father. They will not pursue any action against my pro.perty

Then they sent a letter 2 days after Christmas

ShannonM5 (Florida)
Posts: 7

Posted:

LOL

ShannonM5 (Florida)
Posts: 7

Posted:

I agree! Thank you

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By ShannonM5 on 01/25/2021 3:47 PM
I am innocent. I was trying to care for my family. My roommates are respectful and quiet and clean. They are non-smokers, non-drinkers and they have no children or pets.

The HOA president sent me a text saying that they appreciate my honesty, and to take care of my father. They will not pursue any action against my pro.perty

Then they sent a letter 2 days after Christmas

Print the text and send it to the board asking for clarification.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By AugustinD on 01/25/2021 3:24 PM

Posted By AugustinD on 01/25/2021 3:19 PM

Posted By AugustinD on 01/25/2021 3:15 PM
ShannonM5, go google on the moratorium in Florida and report back. Maybe you have a point.

Eureka! The Moratorium says that Florida tenants can stay until January 31, 2021!

Post January 31, 2021, consider adopting the tenants or marrying both (in different states, of course).

President Biden extended the moratorium to the end of March, but a whole bunch of conditions have to be met. See https://www.alligator.org/article/2021/01/biden-administration-extends-cdc-eviction-moratorium-until-march . Presumably Florida is still covered by such a Presidential declaration. Though knowing Florida's values, and given the proclivities of a certain new "resident" there and his cult following, I cannot be certain.

Speculating here: this moratorium may apply only to bona fide renters - ie. people who have signed leases that satisfy state landlord-tenant regulations. "Roommates", couch surfers, and other casual "tenants" may not be protected. Would Airbnb "renters" be covered by the moratorium? I would suspect not.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By CathyA3 on 01/26/2021 8:49 AM

Posted By AugustinD on 01/25/2021 3:24 PM

Posted By AugustinD on 01/25/2021 3:19 PM

Posted By AugustinD on 01/25/2021 3:15 PM
ShannonM5, go google on the moratorium in Florida and report back. Maybe you have a point.

Eureka! The Moratorium says that Florida tenants can stay until January 31, 2021!

Post January 31, 2021, consider adopting the tenants or marrying both (in different states, of course).

President Biden extended the moratorium to the end of March, but a whole bunch of conditions have to be met. See https://www.alligator.org/article/2021/01/biden-administration-extends-cdc-eviction-moratorium-until-march . Presumably Florida is still covered by such a Presidential declaration. Though knowing Florida's values, and given the proclivities of a certain new "resident" there and his cult following, I cannot be certain.

Speculating here: this moratorium may apply only to bona fide renters - ie. people who have signed leases that satisfy state landlord-tenant regulations. "Roommates", couch surfers, and other casual "tenants" may not be protected. Would Airbnb "renters" be covered by the moratorium? I would suspect not.

FWIW, I concur. This also crossed my mind as one of the aforementioned conditions the OP will not be able to meet.

Plus I have doubts the OP provided the documents to the HOA that the amendment (which the OP kindly linked) requires.