Can I let my friend live-in and take care of my townhouse if my HOA has”no rental” rules?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption