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DianeP3 (South Carolina)
Posts: 10
Posted:
We are having a discussion on whether a condo owner can rent out rooms to non family members. We are in South Carolina. This is not addressed in our covenant.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Could you quote verbatim in its entirety what your rental restriction does say?

In addition, there may be zoning regulations or something similar that addresses this. If this is the case and your covenants are silent, then it would be up local officials to enforce this.
DianeP3 (South Carolina)
Posts: 10
Posted:
There isn't currently any language. The complex is zoned as a condo complex. One owner has 3 bedrooms. One for themselves and is renting the others. Only real rule we have anyone over 18 must have background check.
DeanJ
Posts: 1,786
Posted:
Your condo association is likely permitted to adopt reasonable rules. Prohibiting room rentals seems reasonable to me.
KerryL1 (California)
Posts: 14,550
Posted:
So, you're saying there's nothing in your covenants about rentals at all? No ban against short-term rentals or "transient" occupancy?

Here's a tiny snippet of our Mutli-story condo CC&Rs about your topic: "7.1.3 Rental of Residential Condominiums. An Owner shall be entitled to rent the Owner's entire Condominium (but may not rent only a portion thereof)....." Our largest condos are 2 + den.

Occasionally an owner has taken in a housemate, e.g., an occupant couple breaks up, one moves out, one stays, but needs help with the HOA assessments. This doesn't happen often and we have never enforced the "no portion thereof" covenant.

W/o knowing the complete situation, I'd say you may not restrict this owner from renting out rooms unless your document says it's prohibited.

If this owner's tenants are causing troubles, quickly enforce your rules. One hope you have in writing how the HOA enforces the rules, a finding schedule, etc. No matter what the tenants do, the owner always is responsible and would be called to hearing, etc.

If they're engaging in some kind of other annoying behavior that is not against your rules, make new rules about that topic. Parking, for instance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This falls under the laws of "frat houses'. Which essentially renting out single rooms fall into family or not. Most HOAs have rules against fraternity type housing or group home use. Hence why called a single family dwelling.

Former HOA President
NA1 (Massachusetts)
Posts: 190
Posted:
I agree with Kerry. Enforce the rules you have that target specific behaviors.

What problem are you actually trying to solve? Rules have unintended effects, so be really careful that you don’t create other problems, like defining a family, which is a difficult thing because who people consider family varies a lot. Examples from people I know - foster child who has always been every bit the child of the foster parents except for legally. My best friend since the age of 4 is effectively my sister. If she ever needed a place to live…. One of my other friends moved next door when she was about 14 and has lived there for the last 50 years. The neighbor’s family was stable, and they knew and loved her. Nothing formal was ever done. I have a lot of other examples.

So if there shared expenses or nominal rent, as was often the case, do they fall foul of your proposed rules?

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