Can I let my friend live-in and take care of my townhouse if my HOA has”no rental” rules?
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Can I let my friend live-in and take care of my townhouse if my HOA has”no rental” rules?
I have a paid off townhouse which I lived for 15 years and now I want to move to my other single house I own 50miles away because it’s bigger. My townhouse HOA has a “no rental” policy to the home owners. I now want to let my close friend to live in my vacant townhouse and take care of it but I don’t charge him any rent while I still be paying the HOA fees. Is it possible because I’m not renting out the unit?
Asked on December 15, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to carefully read the recorded covenants, conditions & restrictions concerning the townhouse where you are living in that these documents will determine whether or not your friend can reside in your townhouse. The issue is whether or not the townhouse must be owner occupied or not versus whether or not it can be rented out or not. There is a big distinction between the two.
If the rules are that you cannot have a renter in the unit, then if you simply let the friend stay for no charge, then there is no violation of the HOA's policy on the subject.
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