Can an HOA restrict individual room rentals when the owner is present?

Answered!
Noy0
Level 2
Hollywood, FL

Can an HOA restrict individual room rentals when the owner is present?

Clearly when you live in an HOA governed community there are rules to live by.  

The vast majority of those rules have to do with what you can and can not do with the OUTSIDE of your home.  The HOA can dictate what colors you are allowed to paint the exterior of your home, but certainly not the interior.  

There are also rules reistricting  the rental of the entire property.  

But what if you are not renting out the entire property,  what if you are simply renting out a room as an owner occupied home.  I do not feel the HOA has the right to tell an owner who else can live in the house (for free), nor which roommates he can rent to.  So given that much,  can they really legally dictate what happens with room rentals, in a house that the owner is occupying?  

 

The HOA docs only covers the rental of the house, not rooms, so I just don't see where that that authority comes from.  Would love some feedback on this, as I am about to have an issue with my own HOA.  

1 Best Answer

Seems your issue is one of cars and traffic.  Why blame it on renters?  Blame it on family dynamics.  Do renters only drive cars?  I think many non renter guests also drive cars  and make a community busy.   Isn’t your issue your homes are to big?  For instance, I have a seven bedroom home and 4 kids that each had a vehicle.  Made my place grand central station for about 12 years with them and their friends coming and going.  I Remember complaining about a few neighbors that did the same thing when my kids were younger and not driving.  Now I am an empty nester and do Airbnb and get one vehicle once in awhile from a renter instead of 5, 6, 7 vehicles from my kids and myself every day.  I am sure every one of my neighbors would prefer my renters traffic compared to my kids and their friends or if I sold the home to another family that would have the right family   dynamics for the home size.  The change of family dynamics has changed your neighbourhood.  Your just not at the same stage as your fellow neighbors.

 

Must be the money that bothers you really.  I would prefer having someone that pays rent to make it that I or my neighbor can afford a mortgage and make their place nice and keep thing nice and clean instead of having someone that struggles with a two person working family and the home looks neglected.  Going to create rules that no two person working family is allowed?

 

Share another situation we live in a world today that children seem to return home for many reasons including divorce, separation, hard times, or just don’t move out when they turn 18.  These people also drive cars and make the community busy.  So it is often that home owners keep their bedrooms full with multi family generational living enviroments.  Some people it is just their culture.  My direct neighbor had one of his 6 kids come back with a husband and two children for about 9 months as they built a new house.  The neighbor beside him had a cultural multi family environment with grand parents, parents kids and the kids spouses and the kids kids all in one home.  Why do the HOA’s blame the traffic on renters?  

 

I will share one other thing, one of my neighbors came down with cancer and the activity that went on at his home was a constant flow with relatives visiting, nursing care providers, meal providers and the list goes one.  If you want a quiet place to live why blame it on renters and discriminate them.  Blame it on family dynamics.

 

And who knows maybe someday you will understand why you bought a home that was bigger than what you need and use it totally as we all should feel like we can and be the neighbor that added traffic to the neighborhood.

 

 

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62 Replies 62
Victor631
Level 1
Pearland, TX

Hello everyone,

 

I live in a neighborhood where HOA is voluntary and i don't participate. Lately, a neighbor reported to the HOA that i violate deed restrictions? Can HOA do anything about it?

 

This is the link where you can read about their deed restrictions 

 

https://1drv.ms/b/s!Aqiv81klV01N9SFEI5bO1lCP8aHn

 

Can someone help me decipher it and see what they can do about it? I live in section 3

 

Also, I came across this article. looks like Texas Supreme Court supports short term rental and stops HOA from harrassing you

 

https://www.texastribune.org/2018/05/25/airbnb-homeaway-texas-supreme-court-ken-paxton-austin-ordina...

Randy208
Level 2
Pearland, TX

can someone help to asnwer?

Natalie1248
Level 2
Anchorage, AK

I’m also going through the same thing. I just received my letter saying I can not have an Airbnb in my home.