Real Estate Law
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Hello and thank you for your question.
Do you have an associaiton
do u mean HOA ?
yes i do
Do you know if the bylaws will allow you to rent part of your home?
what is the bylaws ?
An HOA has a set of bylaws that are the rules and regulations that govern the HOA
i don't know, how can i get this ?
You should have been provided a copy when you purchased the home. Do you pay dies?
i didn't purchase the home yet, i will purchase it and i want to know about the possibility of renting the basemenet before purchasing it
Just make sure the rules and regulations do not restrict who can live in your home.
how will i know before buying it, that's why i am asking
You need to ask the HOA for a copy of their rules. Let them know you are considering purchasing the property. Some HOA's post the rules and regulations on line. What is the name of the Association?
Broadlands South in Ashburn VA
i couldn't find it online
Let me check.
i mean find their rules online
I see that they have a site and I am not seeing the rules.
yes, so let's assume the worst case, if they have a rule banning renting the basement
can i still have a room mate agreement with someone and let him stay in the basement ?
If you are aware that you could have an issue with the HOA, yes you can rent the basement.
i don't get it
if i have an issue i can rent, what do u mean ?
If the association does not allow you to rent than you would be violating the rules. If they allow you to rent you are good to go.
but if they don't allow me, will the room mate agreement still be considered violation ?
When you live in a community that is under an HOA they make the rules. That is why I was asking you for information on the bylaws. There is no violation in the city for having a roommate.
u mean in the city of Ashburn ?
good, if the HOA says you can not rent a basement, this means that i can;t have a lease agreement with someone, this is understood. But in this case if i sign a room mate agreement with someone saying he will be staying with me, is this considered a rent ? a violation ?
A rent violation by the city?
1. by the city - 2. by HOA
We would need to see the bylaws to see if this would be an HOA violation. I do not see why having a roommate would be a rent violation in the city?
ok, if it is HOA violation, what will be the consequence ? is it a crime ? will i go to jail ? pay a fine ? what will happen ?
The association can charge you fines. No you would not go to jail. It is merely a violation of the rules.
and won't give me a criminal record or something ?
No. Just check out their rules and see if they have any restrictions on guests, renters etc.
HOA's can be very demanding.
ok, so u said in Ashburn the room mate agreement is fine
but in Ashbutn, is renting a basement OK ? i ask about renting not room mate agreement ?
I do not see any prohibition to a roommate agreement.
what about renting (not room mate agreement) ?
renting the basement ?
It is legal to rent out part of your home. The only thorn would be the HOA and hopefully they are fine with it too.
ok i see
what about adding a stove top to the basement ?
No kitchen in the basement. If this would be a fire hazard.
You would check that with the city and they most likely agree that the sliding glass door make the arrangement safe.
ok, how would the room mate agreement look like ? i found templatesz online but they are between two room mates who are both renting from a landlord. In my case i am the landlord and i just want to bring a room mate in, so do u have a template for that ?
You would use a standard lease. Let me provide you with templates.
if i get the HOA rules tomorrow, can i send them to you ?
Please do. I want to make sure you are good to go.
so can u give me an email address ? how will i sent it to you ?
You would email it to [email protected]
reference this question http://www.justanswer.com/real-estate-law/7whru-hi-going-townhome-ashburn-va-walk.html
and tell them you are working with Attorney2. Hang on a moment I have templates for you.
You are most welcome.
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