Fair Housing Act

[Shaneburk89]

Jurisdiction

Massachusetts

I own a home in a community with a HOA. Years ago they took out a loan for a sewage treatment plant and as a result imposed a restriction of 2 residents per bedroom and designated each number of bedrooms per house as a number they decided which is different from reality in many cases. The rule is regardless of the number of bedrooms you can only list your house as the number they designated and occupancy restrictions.

Recently my sister was in a rough patch and needed some financial help so I get her move in with me. She has a 6 year old son and is pregnant and will be staying to save money until she can get on her feet.

I received a letter from the HOA that I have 3-5 people living in my house and I have 30 days to have them move out or they will take legal action.

I have a bedroom upstairs and a room downstairs which was a large laundry room that I converted to a bedroom. I have a bedroom, my sister's son has a bedroom and my sister sleeps on a pullout couch in the living room.

I know familial ties protect a couple having a child in a similar situation bringing their numbers to 3 but would it protect me in this situation? If the penalty is fines I can deal with an extra 75 a month to help her out but from the wording of the letter I am concerned they may have more in mind. If I also not protected how far can an HOA go can they get a court order to evict my family from my own home?

 

[army judge]

familial ties protect a couple having a child in a similar situation bringing their numbers to 3 but would it protect me in this situation?

Probably not, but I suggest you discuss your concerns with the HOA board, not internet strangers.

If the penalty is fines I can deal with an extra 75 a month to help her out but from the wording of the letter I am concerned they may have more in mind.

Again, ask the HOA board.

Don't allow a problem to catch up to you.

Always get out ahead of the problem.

If I also not protected how far can an HOA go can they get a court order to evict my family from my own home?

If you live under the jack boots of any HOA board, its their home.

They pimp you to pay for their property, and delude you into thinking its yours.

Anything is possible.

You need to discuss the situation with the HOA board.

It is sometimes possible to reach an agreement with the jack booted HOA board thugs allowing a relative to stay for 90 days, maybe 180 days for a fee, or without additional costs.

 

[Shaneburk89]

They gave me a date for the next board meeting when I can discuss. Really just looking to find anything I can in case the conversation goes poorly. I've never had to talk to them before but have gotten a few letters from them for petty things in the past so I am concerned.

I'm assuming if I were to move out and lease to my sister she would then have a legal standing through case law provided her boyfriend does not move in with her. If anyone has thoughts on that possible scenario it would be appreciated.

 

[army judge]

I'm assuming if I were to move out and lease to my sister she would then have a legal standing through case law provided her boyfriend does not move in with her.

Not necessarily.


The HOA has CC&Rs that control the things you can do, and the things you're prohibited form doing.

Read those CC&Rs to better understand what is allowed, what is prohibited.

You might not be allowed to rent your home.
You might be allowed to rent your home, with the express WRITTEN approval of the HOA board, or president.

You need to educate yourself, as to what you signed away when you bought that real estate.

 

[adjusterjack]

a room downstairs which was a large laundry room that I converted to a bedroom

Did you do that conversion with the written approval of the HOA and with subsequent appropriate building permits?

They gave me a date for the next board meeting when I can discuss.

The only way you are likely to survive the HOA Nazis is to throw a lawyer at them.

 

[flyingron]

The CCRs can't be enforced if they are in violation of the federal antidiscrimination laws (such as the Fair Housing Act). The number of occupants per bedroom is sort of a gray area under the act. While restricting the number of occupants to that which the unit supports is allowed, the courts sometimes have difficulty with arbitrary measures like number of people per bedroom in the unit.

Of course, the question is just what the CCRs, etc... say and really, this is something you're going to have to run past an attorney.