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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99526
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Since moving out of my townhouse, which I now lease to another

Customer Question

Since moving out of my townhouse, which I now lease to another person, the HOA has changed the parking rules limiting the number of guests a resident (tenant or owner) can have visiting per month. The residents are now issued 7 parking permits only and the HOA are threatening to tow anyone who violates this rule.
When I lived at the townhouses, I had a boyfriend that slept over at least 6 nights a week and a mother that would come visit for a month to six weeks at a time.
This is a new rule and I was wondering if there is anything I can do for my tenant. It was not in the townhouse bylaws when she signed the lease.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am very sorry to hear about this. On this website, I do not always get to give good news, and this is one of these times. The HOA has a right which has been confirmed in court multiple times to limit tenancy, or if it is allowed, to limit tenancy visitors. So there is not much that one can do to help the tenant if the HOA bylaw is in effect. There is also no "grandfather clause" in effect in statutory law for this situation. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
So the HOA can tell her she can only have 7 guests per month visiting? I can hardly see that that sounds right, them being able to limit people coming over. She is going to go through surgery and will need daily helpers, people who do not live there, so they need to be able to come and go, without being harassed or threated with their car being towed.
Expert:  Ely replied 6 months ago.
When you say visitors, I assumed you meant someone who would LIVE there. No, the HOA cannot simply limit visitors per se. They can limit the number of people who actually stay there long term, but: -they cannot limit overnight guests or people who come and go but do not stay long term; and-they cannot limit medical personnel for medical reasons (under both ADA and federal housing laws) spending the night. Otherwise they CAN refuse parking stickers, but with the above exceptions. My apologies for the misunderstanding. What she may wish to do is to write the HOA a letter STATING so and explaining that if they try to fine her for having a medical specialist over as needed, she can sue. She may also want to show a letter from her doctor explaining her situation so as to allow the HOA to know that this is not a ruse. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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