Trick Question: Who's an HOA Renter?

Some questions that seem so simple are actually riddles wrapped in enigmas, as the cliché goes. In this week's tip, we unravel the definition of a renter when your governing documents prevent rentals but one of your owners has his uncle's brother's son's stepsister living with him.

No doubt, this is a very common problem in HOAs. "Here's the scenario where you come across it," says Steven Daniels, coordinating partner of Arnstein & Lehr's West Palm Beach, Fla., office, who has advised hundreds of HOAs. "The HOA says owners aren't supposed to rent without permission, and you find Mr. Jones is renting his house. You tell him he never got permission. He says, 'That's not a tenant! It's my Uncle Mo. I told him he could stay there while he looks for a job.' Whether it's a close family member, a second cousin, a second cousin's father–in–law or brother, what do you do?"

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