💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

BruceG5 (Texas)
Posts: 11
Posted:
I am on the Board of an HOA in Texas. Our Bylaws prohibit sub-letting. We have a situation where an owner has a tenant with four (unrelated) adult "occupants". Their position is that their tenant is not "subletting" and that the four permanent "occupants" are allowed without being on the lease. Opinions?
KerryL1 (California)
Posts: 14,550
Posted:
Why do you think the word "occupant" matters? Basically there are five tenants, is that right? If there is more than one lease, it seems to me the primary tenant is subletting the premises. (I'm not. realtor or a lawyer)
ND (PA)
Posts: 792
Posted:
Also not a lawyer here.
I think unless you have proof that the one tenant is receiving money from the four other occupants in exchange for living in the house and/or they have formalized the living arrangements in sub-leases or other sort of "contractual" document, then you're outta luck.
That said, while likely not in HOA documents, perhaps there is something in your state HOA laws and/or local or state codes that would prohibit five unrelated persons from living in a single house. So look beyond your HOA docs if you are trying to prevent this situation from occurring.
I could be totally wrong, but I've always heard that PA has such a law, which is mostly historic, but intended to prevent establishment of brothels.
CathyA3 (Ohio)
Posts: 6,299
Posted:
That situation would violate our local zoning laws, so that's a worthwhile thing to check. In addition to the number of unrelated adults, my county requires landlords to register as "business owners".

The city/county usually has more authority than an HOA does, so if yours have something to say about this, consider dropping a dime on the homeowner.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here