Are tenants/renters entitled to the same uses and privileges in a community controlled by an HOA as the homeowner these tenants are renting from?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are tenants/renters entitled to the same uses and privileges in a community controlled by an HOA as the homeowner these tenants are renting from?
My husband and I are tenants in a mountain community with an HOA. We have resided in this community for over a year. We have received notice from the HOA Board that as of this time only homeowners and not renters will be allowed to use the community reservoir (lake). Renters will only be allowed to use the roads for access and nothing else. If we as renters use the lake it will be considered trespassing and the sheriff will be called out. We have used this lake over the past year for picnics and fishing and were told by our landlord that this is perfectly acceptable.
Asked on November 15, 2011 under Real Estate Law, Montana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Good question. Under the laws of all states in this country, when a person rents a unit, he or she is entitled to all use and privileges associated with the rental (for example, amenities of a complex) as though he or she were its owner so long as the monthly rent is being paid.
For the association to restrict non-owners use of the amenities of the complex has no rationale basis and is discriminatory. I suggest that you get written permission from the landlord to use the lake as his or her "guest" to circumvent this seemingly unfair and invalid restriction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.