Are tenants/renters entitled to the same uses and privileges in a community controlled by an HOA as the homeowner these tenants are renting from?

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Are tenants/renters entitled to the same uses and privileges in a community controlled by an HOA as the homeowner these tenants are renting from?

My husband and I are tenants in a mountain community with an HOA. We have resided in this community for over a year. We have received notice from the HOA Board that as of this time only homeowners and not renters will be allowed to use the community reservoir (lake). Renters will only be allowed to use the roads for access and nothing else. If we as renters use the lake it will be considered trespassing and the sheriff will be called out. We have used this lake over the past year for picnics and fishing and were told by our landlord that this is perfectly acceptable.

Asked on November 15, 2011 under Real Estate Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Under the laws of all states in this country, when a person rents a unit, he or she is entitled to all use and privileges associated with the rental (for example, amenities of a complex) as though he or she were its owner so long as the monthly rent is being paid.

For the association to restrict non-owners use of the amenities of the complex has no rationale basis and is discriminatory. I suggest that you get written permission from the landlord to use the lake as his or her "guest" to circumvent this seemingly unfair and invalid restriction.


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