NEW HOA restriction prohibits roomates passed AFTER purchase based on roommate income

[satre51]

What is the name of your state (only U.S. law)? Tennessee

I bought a single family house (not condo) in 2009 with intention of using roommate income to make my mortage. As the house is governed by HOA, before purchase I obtained and reviewed the HOA "articles of incorporation" which spelled out the bylaws.

In 2011 I received a "Supplement to the Declaration of Covenants, Conditions, and Restrictions" with a new section prohibiting room rental.

The HOA is now beginning to take action against me for having a roommate, which I NEED to make my mortgage. If that restriction had been in place at time of purchase, I wouldn't have purchased it.

Can anybody offer advise regarding the enforceability, or whether the HOA board has the right to enact such restrictions without approval of the homeowners?

 

[justalayman]

Is the roommate they have a problem with one that lived there prior to the rule change?

 

[satre51]

Current roommate moved in after their new rule.

 

[justalayman]

Current roommate moved in after their new rule.

I don't think there is much you can do here. When you purchased it was subject to HOA rules. Those rules are not static so what may be allowed today may not be allowed tomorrow and vice verse. If they were complaining about a tenant that was there when the rule changed I would say you might have an argument but given the circumstances, I think you are stuck

 

[justalayman]

I see over in another forum you mentioned a concern of the legality of how the rule was enacted. You said nothing here of such so I went with the presumption it was enacted properly. That is something you will have to research. If the rule was not created with proper authority it is not enforceable. If it was, and I guess I had better add this as well, you were properly bound to comply with the HOA rule through actions of your purchase, then you could be bound to this rule as well.

 

[FarmerJ]

Wondering if the people who wrote that one up and voted in favor understand that any child they have that turns 18 could be treated as a renter especially if the child moved away then came back Second thought here wondering how they would treat someones domestic partner. OP in the end you might have to sell it so you can buy a home that has no ties to any HOA or any other so called restrictions or rules other than the ones your city /county & state have written into ordinance & law.