Question:
Can my HOA restrict a tenant room/lease rental in my home while I’m living in the unit as well? The only quote in the CCRs is no owner shall rent anything less than the entire unit. While our rules allow rentals without an owner occupied. I can’t find anything that specifically prohibits an owner of renting a room/entire house while living in it. Because the term “Owner Occupied” needs to be specified. Also, what’s the difference between housemate, guest, family members, caregivers, significant others, etc regardless of timeframe in home. You would think a tenant who’s signed off on HOA rules and regulations would be the lease concern to the HOA because they are protected and have access to the owner who lives in the home.
– Tony
Answer:
Hi Tony,
This may depend on the specific wording in the CC&Rs. If the CC&Rs say homeowners cannot rent anything less than the entire unit and it allows rentals without an owner occupied, it may mean that homeowners may only rent entire homes/units and not individual rooms within those homes/units. Moreover, it may mean that the homeowner cannot occupy the unit at the same time. The difference between tenants and significant others, caregivers, guests, and the like may be that tenants pay rent while the others do not.
However, it’s best to ask the HOA board for clarification regarding the wording of the CC&Rs to verify their meaning. It may also be helpful to consult an HOA lawyer to verify what the CC&Rs allow or prohibit.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
