Real Estate Law
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What is the violation that they are alleging?
What is your legal question I can help with this morning?
Is it against the Rules or Bylaws for an owner to have tenants in a unit?
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Ok, at this point, if she is just letting you live there without charging anything, she can argue that she is not subletting, she is just letting her son and friends live there as guests. But to be honest, that might not convince them because they might have definitions of what "renting" or "subletting" is in the Bylaws and if it basically states that no one other than an owner or their family can live there, then the friends would have to go or there is a violation.
The HOA put these rules in effect to keep turnover and problems down under the assumption that tenants don't take as good of care of a property as the owner would.
So in order to fight this, you (or mother) is going to have to get a copy of the Rules and Restrictions, and the Bylaws, and go over them to see what it says about having non family members live in a dwelling. There might be some loophole that says that an owner can't rent the property and if you aren't paying anything, then technically you aren't renting..
But she needs to respond to them in writing stating that she is not subletting and is only allowing her son and a friend to live there at no cost...