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I live in a gated community with covenant restrictions that

Customer Question
say I cannot have a...
I live in a gated community with covenant restrictions that say I cannot have a roommate live with me. I want to know they can legally do that when I am the property owner.
JA: Where is the property located?
Customer: Moss Creek in Hilton Head SC
JA: Has any paperwork been filed?
Customer: no, I simply inquired of the GM and he wrote me a letter stating the covenant article and section.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
8/1/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 119,602
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When someone buys a property in a HOA area, they agree to be bound by the covenants and bylaws of the HOA. So, if the HOA has a covenant preventing having roommates then this is a legal prohibition even though you may own the property. The issue with these types of Associations is that while you may own the property, the Association can exert a lot of control over everything that is done on the property and as the owner you are bound by those covenants.
So, if the covenants do say no roommates, you have to honor that.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 119,602
119,602 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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