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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I live in a restricted age 55+ neighnorhood. I'm a current

Customer Question

I live in a restricted age 55+ neighnorhood. I'm a current member of the board.
My question: We have passed an amendment to restrict rentals to 10%.
If a house is owned by a child and a parent lives in the house, the occupant is not the home owner and the parent occupant doesn't pay rent (but pays monthly HOA maintenance dues). How is this classified since there is n ot an official lease and occupant doesn't pay rent. Would this automatically be considered in our rental limits?
Carolyn
VOG Commuity Assoiation ***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question, Carolyn. Please permit me to assist you with your concerns.

That is a very good question. It depends on the language of your amendment. If your amendment defines what a 'rental' is, and specifically states that for it to qualify as a 'rental' there must be some manner of compensation received by the owner, then this would not qualify as a rental. Therefore it wouldn't be part of the rental limit. But if you defined a rental as any property that is used by anyone other than the owner, then this would qualify as a rental and it would fit under the 10% cap that you voted in.

Sincerely,

Dimitry, Esq.

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