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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35853
Experience:  16 years real estate, Realtor. Landlord 26 years
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Morning i have a slight problem with my condo hoa. my mother

Customer Question

morning i have a slight problem with my condo hoa.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: my mother owns the condo which i am living atwith friends. non of us are paying any rent but they sent out a notice that they are going to take us to court (Utah(
JA: Has any paperwork been filed?
Customer: i am lookking for the paper that they sent but not that i know of
JA: Anything else you want the lawyer to know before I connect you?
Customer: it says its a leasing violation
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What is the violation that they are alleging?

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What is your legal question I can help with this morning?

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Is it against the Rules or Bylaws for an owner to have tenants in a unit?

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thanks

Barrister

Customer: replied 3 months ago.
it says subletting of units is not permitted within Sundowner ( even though i do know others have rented out their condo's )my mother owns the condo where me and my friends live at and are thretening to take legal action
Customer: replied 3 months ago.
i dont have the 59 dollars till i get paid in 2 wseeks
Expert:  Barrister replied 3 months ago.

Those phone call offers are not generated by me, but rather by the JustAnswer website. I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

Expert:  Barrister replied 3 months ago.

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.

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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.

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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..

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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...

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thanks

Barrister

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