July 12, 2007
HOA Can Control Rental Agreements
According to California’s Appellate District Court of Appeal, the HOA can tell residents whom they can and cannot rent to.
Colony Hill, a subdivision in La Jolla, CA, filed a suit against resident, Masood Ghamaty in 2002.
Ghamaty, who owned a four-bedroom, three bath home in Colony Hill, occupied one of the rooms, while renting out the others to various renters. The HOA notified Ghamaty that renting the rooms was in violation of the (CC&Rs) guidelines that required each home to only be used for single families.
Ghamaty fought back stating that he considered those he rented to as family, even though only one of the renters was blood related.
However, the HOA still filed suit against Ghamaty claiming that he refused to follow the HOA guidelines for Colony Hill.
The appellate court reported that Ghamaty relied too heavily on the San Diego Municipal Code’s definition of “family” and that this definition excludes unrelated individuals as “family.”
Ghamaty's appeal was unsuccessful.
(Source: The Realty Times)
HOA problems? Please contact the law offices of Stephen A.Varga to arrange a consultation with an experienced attorney who can evaluate your case and provide you with sound legal advice.