Can an HOA require the owner to provide a copy of a lease if they are renting out their house?

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Can an HOA require the owner to provide a copy of a lease if they are renting out their house?

We have been renting out our house for the past 4 years. Then 2 years ago the community passed some “Rules and Regulations” separate from the Covenant that states we must provide them a copy of a lease if we are renting out the house. The covenant merely sates that we provide a name of the tenant and duration of tenancy. I think providing a copy of my lease is an invasion of privacy. Can I withhold my lease?

Asked on August 10, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the "covenants, conditions, and restrictions" recorded upon your property do not require providing the homeowner's association with any and all leases that you have with your tenants at the property in the complex, you do not need to.

If the recorded document just requires providing the name of the tenant and the length of the tenancy, then that is all the information the the homeowner's association is entitled to.

From what you have written you have every right to keep your lease with your tenant private between you two. If the association presses you for the lease, you should write it a letter specifically referencing the provision in the recorded "covenants, conditions and restrictions" as the basis for refusing the request.

Good luck.


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