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Why can't i rent a room to roommates when I own my condo?

San Leandro, CA |

CC&Rs state Each Owner shall have the right to lease the Owner's Condominium provided that such lease is in writing. Leases of only a portion of a Residential Unit are not allowed. An Owner who rents his or her Residential Unit shall not occupy the Residential Unit during the term of the lease or rental agreement. This seems to also rule out me ever having a significant other move into my own home.

Attorney Answers 2

Posted

It does not make a lot of sense that you would be leasing a portion of your condo to any significant other while you are also occupying the property, and I would doubt that there is any rule governing who an owner can share his unit with. I do not believe a sharing of expenses with the significant other would necessarily equate with a lease or rental agreement. Many condo associations have legitimate concerns with renters and have rules addressing those concerns which you agreed to when you bought the unit. There are judicial means available to test the applicability of these rules which would probably be expensive and premature.
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Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

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Posted

It’s hard to understand why the rule exists. It probably comes from people living near universities and colleges where they are renting out spaces to four or five people or their students coming into the schools. Yes, probably enforceable. If you had a significant other, he or she would not be paying rent so they would not be a renter so that wouldn’t fall within the provisions of the CC&R’s.
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