Renting to Roomate in Condo?

Our association laws state that as owners we can rent out an entire unit but can not rent our an individual room within one unit. They say that I am not allowed to rent a room to a roomate. Is it possible for them to restrict me from renting out to a roomate while allowing me to rent out the entire unit?

kdeemter said:

Our association laws state that as owners we can rent out an entire unit but can not rent our an individual room within one unit. They say that I am not allowed to rent a room to a roomate. Is it possible for them to restrict me from renting out to a roomate while allowing me to rent out the entire unit?

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**A: please post the exact clause word for word (not your own interpretation) from the CC&R's that they are referring to.

exact clause word for word

ARTICLE VII
USE AND OCCUPANCY RESTRICTIONS

Section 3. Specitic Prohibitions.
(b) No portion of a Unit may be rented and no transient tenants may be accomodated therein; provided, that nothing herein shall prevent the rental or sublease of an entire Unit for residential purposes or of a limited common element appurtenant to such Unit in the manner set forth in Article IX hereof.


ARTICLE IX
LEASES
Section 1: Notice of lease. A Co-Owner, including the Developer, desiring to rent or lease a Condominium Unit, shall disclose that fact in writing to the Association at least twenty-one (21) days before leasing the Unit, and shall supply the Association with a copy of the exact lease form for its review for compliance with the Condominium Documents...

Section 2: Terms of Lease. Tenants or non Co-owner occupants shall comply with all the conditions of the Condominium Documents of the Project, and all lease and rental agreements shall so state.

Section 3: Remedies. If tenant or non Co-Owner occupant has failed to comply, a) Co-Owner shall be notified, b) Co-Owner given 15 days to investigate, c) if alleged breach has not been cured, it may take action for eviction against tenant or non Co-Owner occupant...

kdeemter said:

ARTICLE VII
USE AND OCCUPANCY RESTRICTIONS

Section 3. Specitic Prohibitions.
(b) No portion of a Unit may be rented and no transient tenants may be accomodated therein; provided, that nothing herein shall prevent the rental or sublease of an entire Unit for residential purposes or of a limited common element appurtenant to such Unit in the manner set forth in Article IX hereof.


ARTICLE IX
LEASES
Section 1: Notice of lease. A Co-Owner, including the Developer, desiring to rent or lease a Condominium Unit, shall disclose that fact in writing to the Association at least twenty-one (21) days before leasing the Unit, and shall supply the Association with a copy of the exact lease form for its review for compliance with the Condominium Documents...

Section 2: Terms of Lease. Tenants or non Co-owner occupants shall comply with all the conditions of the Condominium Documents of the Project, and all lease and rental agreements shall so state.

Section 3: Remedies. If tenant or non Co-Owner occupant has failed to comply, a) Co-Owner shall be notified, b) Co-Owner given 15 days to investigate, c) if alleged breach has not been cured, it may take action for eviction against tenant or non Co-Owner occupant...

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**A: the HOA is correct. Is this legal? I am not sure.

Talk to an attorney.

My former condo association tried to keep me from having a roomate. My attorney replied that as long as other condo owners had non-related adult non-owners living in their units (girlfriends), I should be entitled to do the same. As the board didn't want to deal with some long term live together situations, they dropped the issue of my roomate. FYI- I owned two assigned garage spots, so my roomate was not taking up any guest parking.