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Second opinion] I own a condo and need to clarify if the…

Customer Question
Second opinion] I own...

Second opinion] I own a condo and need to clarify if the terms in the by-laws allow me to rent my spare room. I have a short list of question.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tennessee

Lawyer's Assistant: Has anything been filed or reported?

I was given notice by the city to stop renting through AirBnB until I applied for a permit.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Here is my list of questions:What does single family use only means?
Can I rent out my spare room?
Long or short term?
Or the whole house if I want to go away?
What does limited common elements mean?
Are the backyard and driveway designated as limited common elements?
If so, am I able to build a garden in the back on my side?
Am I able to have a second car in the driveway on my side for a potential tenant?
Do I need the other condo owner to agree with how I use my limited common element? In other words, do I need them to agree to how I use the driveway for a potential tenant?The back story: I bought a condo. I started renting my spare room through AirBnB. I received a Notice to Stop use from the city because I needed to apply for a short term permit. Part of the permit application requires I give my neighbors notice in writing of how I intend to use the property. When I went to speak to my neighbor in the condo area, she indicated that she was uncomfortable with strangers coming in an out of the property and inferred that the by laws prohibited me from allowing tenants from using the common areas such as the driveway and backyard. After rereading the by-laws I see these common areas are labelled "limited common areas." I am unclear now on how I can use the property and how much control I have over how the limited common areas are used as well. I am wondering for instance if I can even have a tenant and if so can they freely use my side of the driveway for instance.

Submitted: 6 months ago.Category: Real Estate Law
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Customer reply replied 6 months ago
Attached is Title 66 Chapter 27-101 and the Master Deed with the by-laws.
Answered in 1 hour by:
1/3/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,917
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Your governing documents shouid set out the definitions of limited common elements as well as all other definitions. Reviewing documents is s premium service if you would like to continue with a review.
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Customer reply replied 6 months ago
That's disappointing.The first person I asked reviewed them. You can't answer the question without them.
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
The definitions should be in the documents. I can take a look but there should be clear definitions of limited common area elements and common elements.
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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

The owner is responsible for the limited common elements. Where are you located so I can provide a link for local Attorneys that provide FREE consultations in your area? The HOA is making the owner responsible for all limited common area elements and that may not be legal. Airbnb requires a license. A rental of the unit to as a single family home does not.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

The tenants are entitled to the same rights of usage as the owners.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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