Does your neighborhood HOA have the right to tell you you cannot have a 'roommate' to share housing expenses?

Question

We have a huge 2700 4 bedroom home, we are married and have one child. Two of the bedrooms are unused. I have been searching for a roommate and one of my neighbors is giving me grief about it telling me that our HOA was meant as a single family residence only. Is this really enforcable? Things are so bad for us financially, we might have to do shortsale to prevent being foreclosed upon. If we get get a roommate to kick in on the bills, this might allow us to 'keep above water' until our situation gets better (my husband works on commission only and it has been bad lately with this economy!) Please someone help me out with this question.............

Answer 1

Yes, they can do so.  Unless this roommate is part of your immediate family, you are 'renting', which is probably against HOA rules.  The HOA DOES have the power to control this.  If you lose this house, let it be a lesson to you to CAREFULLY read all HOA regulations, should you buy into such a subdivision again.

Answer 2

Individual HOAs often have their own specific rules ... so it could be POSSIBLE that there is some rule like that, but I would think unlikely. HOAs are more typically concerned with outside appearance of your home and property and possibly noise.  You could check with the president of your HOA if you want to be sure, but that could lead to trouble. These HOA people can be n***s about it sometimes, they like to power trip. It sounds ridiculous that an HOA would want to restrict renting a room to someome.

Answer 3

If your home is zoned as a single family home then not only does the HOA have the right to enforce that rule, but, you'd be breaking the law.

I'd check to see if you can legally rent out a room, if you can, than the HOA may not have anything to say about it.

Answer 4

If it is stated in a CCR (covenents codes and restrictions) that you signed when you bought the house, then you could be sued- lose your tenent and have to pay legal fees. However, if you where to do a short sale or are foreclosed on, the value of everybody's home in your neighborhood goes down. The HOA should have some form of  governing board that could waive the restriction. May a case to them so you can keep your home and keep up the values of their homes.  

Answer 5

Oh, right, you don't tell your HOA, but your neighbors turn you in.

Check the language of the HOA agreement.  They *are* enforceable.

Answer 6

HOA's commonly restrict renters from living there.   You need to appeal to them to have your renter, and they usually have the right to screen the applicants.

There may also not be any openings.   If the rules are that "only 10% of the residences can be used as income property (which is what you are doing) and 10% already are you have to wait for someone to sell or otherwise stop renting.

Answer 7

don't tell anyone and then so be it.

the HOA can only enforce what is in their guidelines.

yes it is a single family dwelling but you are allowed to have 2 people occupy each bedroom.

unless there is specific language that states that a house cannot be rented out or sublet out.

then you are free to do whatever you choose.