If I live in a HOA that prohibits rentals, can I do a quit claim deed and add my friend to the title and have him live there?

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If I live in a HOA that prohibits rentals, can I do a quit claim deed and add my friend to the title and have him live there?

Can a HOA stop me from doing this or block him from staying there even if he is on the title/deed. Also how much does it cost to have a quit claim deed done and recorded in attorney costs?

Asked on October 15, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That is quite an ingenious way to get around the no rental clause but it may cost you money and ownership down the road.  It also may be against your contractual agreement with the lender if you have a mortgage on the property. By deeding him half of the property you give him ownership with out liability (the mortgage) and you would have to look at the rules of the HOA to see if it would violate the agreement you have now.  If approval for ownership is necessary that would be a way for them to block your putting this plan in to motion.  Fees vary from state to state but understand that there are recording fees for a deed besides attorney fees in preparation.  Good luck. 
 


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