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  1. #1
    rrsnider is offline Junior Member
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    No lot shall be USED except for single family residential purposes

    I have a summer house on Kelley's Island, Ohio

    The following languge is on the property deed:

    "No lot shall be USED except for single family residential purposes.."

    Someone in our association is saying this means we can't rent our house out for a week here and there. From what I can tell, it looks like it means you can only build a single family residential house on it. And that basically implies you can't put a commercial business on the lot.

    Am I correct that I can rent my house?

    Thanks,
    BobWhat is the name of your state (only U.S. law)?
  2. #2
    xylene is offline Senior Member
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    Quote Originally Posted by rrsnider View Post
    Someone in our association is saying...
    What does that mean?

    Have you been fined or sued or stopped from renting?

    IE is this a legal action or just someone blowing smoke AND if so is the smoke blower a person in power?
  3. #3
    rrsnider is offline Junior Member
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    We have 13 lots/houses on a private street on the Island. The person I am referring to is the current Treasurer of the association. She saw our house listed on a website and demanded we take the listing down. After we pulled the deed restrictions, we saw that she was using that language as meaning we can't rent our house. That language is part of the zoning and has nothing to do with occupancy. I believe it is standard language to prevent a multi-family home from being put up.
  4. #4
    Cvillecpm is offline Senior Member
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    You are correct - continue with ads and renting and let HOA pound sand.

    It is a zonine issue and the term "single family residence" is NOW perjorative and unlawful....many OLD deeds have unlawful and discriminatory language in it and they are being cleaned up systematically when the deeds are changed and properties are sold/title transferred.

    If you want to get really in their face, advise them you will file a discrimination complaint if she does not back off!!!
  5. #5
    rrsnider is offline Junior Member
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    Thank you. BTW, I think I will get in their face.

    Bob
  6. #6
    Cheeseknife is offline Member
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    It's not uncommon for HOA's to act like this when they find out a property in a development is up for rent. The single family use just means you can't knock down a house and put up an apartment building, business, or the like. They can't stop you from renting, nor should they be able to do so. At the same time being a home owner with tenants in the development it's probably wise not to start a war with the HOA either.
  7. #7
    justalayman is offline Senior Member
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    Quote Originally Posted by rrsnider View Post
    We have 13 lots/houses on a private street on the Island. The person I am referring to is the current Treasurer of the association. She saw our house listed on a website and demanded we take the listing down. After we pulled the deed restrictions, we saw that she was using that language as meaning we can't rent our house. That language is part of the zoning and has nothing to do with occupancy. I believe it is standard language to prevent a multi-family home from being put up.
    Time out;

    Are you governed by an HOA? If so, the rules of the HOA may very well prevent you from renting regardless what the deed restrictions state.

    What do the rules of the HOA say concerning this?
  8. #8
    rrsnider is offline Junior Member
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    I have not seen HOA rules. I'm now hearing they said they voted (majority) and made it a rule. The HOA has always been a sham because there are never any meetings or officers (except a treasurer). More then likely 3 or 4 of them got together and decided to have a vote. The majority of homeowners were not present and they didn't send out an email. This is a vary lax association except for 1 or 2 homeowners. Keep in mind this is a seasonal Island that is basically shutdown during the winter.
  9. #9
    Cvillecpm is offline Senior Member
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    Formation of the HOA and regulation of other members is entirely outlined in the HOA declaration, covenants and by-laws...a vote with less than HOA required quorum is worthless
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by rrsnider View Post
    I have not seen HOA rules. I'm now hearing they said they voted (majority) and made it a rule. The HOA has always been a sham because there are never any meetings or officers (except a treasurer). More then likely 3 or 4 of them got together and decided to have a vote. The majority of homeowners were not present and they didn't send out an email. This is a vary lax association except for 1 or 2 homeowners. Keep in mind this is a seasonal Island that is basically shutdown during the winter.
    ya, so?

    Since there is an HOA and this appears to be an HOA rule, you need to investigate:

    1. are you bound by the HOA rules
    2. was this rule legally enacted.

    If it is yes to both, then yes, they can restrict your use of the properties.

    If either of the answers is no, then no, they cannot enforce the rules upon you.
  11. #11
    FlyingRon is online now Senior Member
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    Renting for months at a time are a residential use. Renting for weeks or less sounds like a hospitality business. While the HOA will be a further impediment, what he has is a deed restriction, and whether there is now an HOA there or not probably doesn't even matter. Any neighbor can complain about that.
  12. #12
    justalayman is offline Senior Member
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    single family residential is a zoning term. If the zoning ordinances do not prohibit short term rentals in SFR (due to they being commercial in nature), then it is not a deed restriction that is causing him the problems.

    The HOA does not have any individual power to enforce deed restrictions. Of course, they can seek the courts actions to enforce the deed restrictions though but that is not what they appear to be doing.

    a couple of posts up, OP stated he had heard the HOA had enacted a rule prohibiting the short term rental. As such, I would believe they are attempting to enforce a HOA rule and not the deed restriction.
  13. #13
    JustAPal00 is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    You are correct - continue with ads and renting and let HOA pound sand.

    It is a zonine issue and the term "single family residence" is NOW perjorative and unlawful....many OLD deeds have unlawful and discriminatory language in it and they are being cleaned up systematically when the deeds are changed and properties are sold/title transferred.

    If you want to get really in their face, advise them you will file a discrimination complaint if she does not back off!!!
    You're so right, when I bought my old house(in 97), my deed actually said that African Americans could only live there as domestic servants. Keep in mind that my home was built in the 60's. I couldn't believe it!

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