HOA wants to evict my house sitting guests

[kidsnoopy]

What is the name of your state? Maine

My HOA sent me a letter telling me I'm violating the CCR's by allowing my friends (house sitters) to stay at my home while I'm away in California caring for my very ill husband. My 85 year old husband and I have a home in California and Maine but I am currently his 24/7 caretaker at the California home and unable to come back to Maine.

Normally I split the time between the two properties 50/50 but I have not been able to return home since the summer of 2019 while caring for my husband who had a stroke in 2019. To help keep the property maintained, I have been allowing two friends ( a married couple in their 80's) to stay there and take care of the property for about 3-4 months of the year. They own property in Florida and going to my place in Maine has provided a nice change of scenery for them. It's a win/win for us.

My HOA is complaining about this arrangement and have threatened to evict them. Here is the exact language of the letter with names and places redacted. These friends are not paying rent to me and we have not signed any agreement. They just stay at my place for about 3-4 months a year. I pay them money for items on the property that require maintenance.

Can they legally evict my friends? What about fines? I'm not sure how to posture for this situation and protect myself and my friends.

name,
It has come to my attention, once again, that you are having guests staying in your home without your presence.
This is a Community violation and cannot continue.
As indicated earlier, if you wish to have them staying there, you must not circumvent the Rental Policy but rather fill out the attached forms and I will submit to your P1 Board for consideration.
The Rental Policy, if approved for you, states a $200 monthly fee paid to the Coops during the approved rental period.
name, there is no other way that you can have the guests here without your presence unless you follow the above.
Please do not put us in the position where we must evict your friends.

Sincerely,

sender

Director of Operations

 

[Eekamouse]

So fill out the attached forms and pay the fees associated to shut your HOA up.

 

[quincy]

What is the name of your state? Maine

My HOA sent me a letter telling me I'm violating the CCR's by allowing my friends (house sitters) to stay at my home while I'm away in California caring for my very ill husband. My 85 year old husband and I have a home in California and Maine but I am currently his 24/7 caretaker at the California home and unable to come back to Maine.

Normally I split the time between the two properties 50/50 but I have not been able to return home since the summer of 2019 while caring for my husband who had a stroke in 2019. To help keep the property maintained, I have been allowing two friends ( a married couple in their 80's) to stay there and take care of the property for about 3-4 months of the year. They own property in Florida and going to my place in Maine has provided a nice change of scenery for them. It's a win/win for us.

My HOA is complaining about this arrangement and have threatened to evict them. Here is the exact language of the letter with names and places redacted. These friends are not paying rent to me and we have not signed any agreement. They just stay at my place for about 3-4 months a year. I pay them money for items on the property that require maintenance.

Can they legally evict my friends? What about fines? I'm not sure how to posture for this situation and protect myself and my friends.

It sounds like the HOA made their position clear. If you are violating the community CCRs, you will need to cure the violation or risk having your friends evicted.

I recommend you fill out the forms with some haste to improve your chances that the P1 Board approves the use of your house as a rental property.

You can pay the $200/month fees yourself or you can have your friends cover the monthly cost.

I am sorry to hear that your husband suffered a stroke. I hope he is able to recover enough so you will be able to return to enjoy your home in Maine.

 

[adjusterjack]

Can they legally evict my friends? What about fines? I'm not sure how to posture for this situation and protect myself and my friends.

Have you read your CC&Rs? Are you not in compliance with them or any "policy" referred to by the CC&Rs as binding?

I don't see having non-paying house sitters as a rental but you are going to have to decide whether it's worth it to you to put up a fight or bend to the will of the HOA's tinpot despots.

 

[Zigner]

I don't see having non-paying house sitters as a rental ...

I see it as the OP letting the folks live there in exchange for services ("...to stay there and take care of the property..."). In other words, labor in lieu of rent.

 

[adjusterjack]

I see it as the OP letting the folks live there in exchange for services ("...to stay there and take care of the property..."). In other words, labor in lieu of rent.

That's a big stretch. What "labor"? They clean up after themselves and keep the heat on to avoid frozen/burst pipes. I don't see that as performing "services." It's not like they are painting the house or remodeling the kitchen/bathrooms/flooring while they are there.

 

[Zigner]

That's a big stretch. What "labor"? They clean up after themselves and keep the heat on to avoid frozen/burst pipes. I don't see that as performing "services." It's not like they are painting the house or remodeling the kitchen/bathrooms/flooring while they are there.

I pay them money for items on the property that require maintenance.

To me, that means that when something breaks, the OP pays for the item and the tenants take care of the labor.

 

[zddoodah]

Can they legally evict my friends? What about fines?

No one here knows what your CC&Rs and HOA rules say or allow the HOA to do. No one who hasn't read those documents can intelligently answer your questions.

 

[kidsnoopy]

Thanks everyone for your responses. I have filled out the forms they requested and I am waiting their response. I have also requested copies of the entire CCR's. I will end up paying the $200 a month if they approve which will add some financial strain on me. I was hoping I might have some legal ground to stand on where I could push back. I know going the legal route and hiring a lawyer would be more expensive. Its a catch 22. I understand it's the choice I made when decided to purchase property with a HOA.

They informed me I was breaking the CCR's regarding Rental Restriction Policy. I didn't see how a rental restriction would prevent me from having extended guests or house sitters. They are quiet, respectable people and not causing any problems in my community during the 2-3 months they are there.

I was emailed a 4 page word document with all the rental restriction details. I can't find an easy way to attach the redacted document to this forum so I can cut and past pieces or if you find it helpful for review purposes I can cut and paste the entire document. Here is the first section:

RENTAL RESTRICTION POLICY

OF xxxxxxxxxxxxx



Article I – Purpose of this Policy

A). The purpose of this policy is in several parts. First and foremost it is to safeguard the ability of the Coop to maintain their ability to establish a quorum. Historically, shareholders of rental properties often do not practice their voting rights. (It is of course, illegal for anyone to deny these shareholders their right to vote).

B). When the number of rental units grow dramatically, some lenders restrict lending because the character of the community is changing from shareholder occupied to investment property. Investment Property Loans are higher risk and investors are historically less willing to invest money in maintenance and repairs. This jeopardizes a lender’s collateral and increases the odds of loan default. Thus, protecting mortgage financing options directly impacts home values in a community.

C). Further this Policy is proposed to help reduce the negative impact that rental properties historically have on home values within a community.



Article II – Why this Policy was proposed

A). This Policy is proposed for the purpose of recognizing the existence of a situation that already exists in our community. That home shareholders, who did not initially purchase their homes with the intent of renting the home who find themselves in a situation where they have a need or reason to rent their homes.

B). It is recognized, that at this point, it is impossible to remove all existing rental properties from our community.

C). Further, the Coop Board recognizes the need to allow for the instance where a shareholder may have a need to rent their home on a temporary basis.

 

[kidsnoopy]

To me, that means that when something breaks, the OP pays for the item and the tenants take care of the labor.

This is accurate Zigner.

 

[Zigner]

This is accurate Zigner.

True "guests" wouldn't be required to do work on the place in exchange for staying.

 

[kidsnoopy]

True "guests" wouldn't be required to do work on the place in exchange for staying.

They are not required to do this. There is no written contract or anything between us. They are house sitting, enjoying the property, and reporting problems as they encounter them. Some repairs require professionals and they will coordinate a service call and I will pay for it.

 

[Zigner]

If that's the angle you're going with, then you have a decision to make on whether to fight it or not.

 

[kidsnoopy]

Maybe the question I should be is asking is, do my friends meet the legal definition of renters? The HOA is reporting a violation of the rental restriction policy. I’m not versed in the legal definition of a renter. I always thought it would be the exchange of money for use of a property But I do see how it could extend to the exchange of services for use of property. That is not the case in my situation. They are servicing the property as a favor to me. Like an earlier poster said, make sure internal pipes don’t freeze, etc.

 

[Zigner]

Maybe the question I should be is asking is, do my friends meet the legal definition of renters? The HOA is reporting a violation of the rental restriction policy. I’m not versed in the legal definition of a renter. I always thought it would be the exchange of money for use of a property But I do see how it could extend to the exchange of services for use of property. That is not the case in my situation. They are servicing the property as a favor to me. Like an earlier poster said, make sure internal pipes don’t freeze, etc.

For a specific opinion, you would need to speak to an attorney about the matter. An internet forum can only provide general information.