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Neighbors

 
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akc



Joined: 02 Mar 2010
Posts: 1

PostPosted: Tue Mar 02, 2010 8:24 pm    Post subject: Neighbors Reply with quote

We have some neighbors on our street who are renting a room out. Is this allowed in our neighborhood? It is a young couple and a male who lives there.
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ChadHammons
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Joined: 07 May 2008
Posts: 127

PostPosted: Wed Mar 03, 2010 6:20 pm    Post subject: Reply with quote

Good question. It has come up before. Our deed restriction document is posted under the documents section, and Section 2.01 deals with this.

To summarize, the way it is worded, there is nothing prohibiting leasing a room within your house for long term leases. There are definitely clauses against renting a building/shed, etc, and there are rules against transient renting, such as using a room as a boarding room or something, but the way it's worded, I don't think it applies to leasing a room on a long term basis.

I suggest calling the city. I know Friendswood has some rules about how leases and subleases work, but I'm not familiar with Pearland. They city may have some additional ordinances that must be followed or that would prevent it. I'll try to look into that next week, but if you find anything, please post it here.

Thanks,
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Robinson



Joined: 31 Dec 2008
Posts: 23

PostPosted: Fri Apr 30, 2010 2:44 am    Post subject: Reply with quote

I will disagree with the comment posted by Chad. The purpose and scheme of Cypress Village is "single family residence". You are not allowed to lease rooms and move multiple families into your home.
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adanas



Joined: 16 Jun 2009
Posts: 4

PostPosted: Sun May 02, 2010 12:55 pm    Post subject: Reply with quote

Well...are those neighbors actions bothering anyone in any personal way? in my opinion, as long as they keep up with the maintenance of their house, and they don't park on the street, block your driveway or have disruptive parties/incidents late at night perhaps we should leave them alone. Have you all thought about the possibility of this "male" being a family member and not a stranger???

The reason I'm saying this is because in OUR case, we have my brother staying with us for a while; he is going through some financial hardship and we are helping him out, and he DOES NOT pay rent. Like most of the residents of this neighborhood we pay our mortgage, we pay our HOA assessment and follow the subdivision codes about parking & maintenance; We keep to ourselves and do not bother anyone. So I don't see how his staying at our house should affect anyone.

So in my opinion we as Cypress Village residents & neighbors, should perhaps look into details before coming to conclusions.

Thank you.
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Rob



Joined: 06 Jul 2007
Posts: 155
Location: CV Section 1

PostPosted: Sun May 02, 2010 3:57 pm    Post subject: Nieghbors Reply with quote

You are absolutely correct. We do not arbitrarily pass judgement on these kinds of issues. They deserve more looking into if a problem exists.

Thank you for your post.
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Rob Nunez
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Standridges



Joined: 10 Jun 2009
Posts: 22

PostPosted: Mon May 10, 2010 2:23 am    Post subject: Reply with quote

I disagree with Chad's interpretation as well. The deed restrictions make absolutely no reference to the timeperiod in which it is acceptable to rent. It simply states in section 2.01

"...no building or other improvement situated on any lot shall be rented or leased seperately from the rental or lease of the entire lot and no part of any such building shall be used for the purpose of renting rooms therein..." To me that is pretty clear. In my opinion the length of time of renting should have no bearing on the application of this restriction.

That section does go on to list examples of prohibited arrangements but does not state that these examples are exclusive. "...no part of any such building shall be used for the purpose of renting rooms therein OR as a boarding house, hotel, motel, tourist or motor court or any other type of transient accomodation." The way this reads to me is as follows

1) may not be used for the purpose of renting rooms
or
2) may not be used for boarding house, hotel, motel, tourist, or motor court or any other type of transient accomodations

I read this as two different situations both of which are prohibited. I understand how others might interpret this differently which is a matter of concern when such items are open to interpretation. How would this be read and interpreted by a judge if it were ever challenged legally?

That same section does state that all units must be used for single family residential purposes only. The problem here is that there is no clear definition of what may make up a family. Is it blood relation? Extended family? Adopted dependents? family by marriage? etc....I am using this only to illustrate that we all have differing ideas of who our family is. Is there a common legal definition that is applied in situations such as this?

The problem here lies in enforcement. It may prove difficult to prove that a business (lease) relationship exists should this ever be persued by the board or management company. There is no restriction prohibiting family from living with you...only in collecting rent for their doing so. It seems to me that before any enforcement could be persued there would have to be some sort of evidence that this business relationship exists.

I had a neighbor that was renting a room to a friend. They were very open about admitting their arrangment to their neighbors. Their tennant parked on the streen every night and did block our driveway. My situation was brought to the attention of the HOA, but I don't know if it was ever addressed or not.

I hope that this will continue to be taken seriously and pursued, but I am not sure that this is a restriction that can be easilly enforced short of writing letters and informing those suspected of the prohibition on renting a portion of their property.
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James and Torre Standridge
3706 Mahogany Trail
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ChadHammons
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Joined: 07 May 2008
Posts: 127

PostPosted: Tue May 11, 2010 7:55 pm    Post subject: Reply with quote

The legal interpretation of this document and other city codes outside of this document are a little beyond just me. But it really is not a matter of opinion. It's a matter of law. Ultimately, it doesn't really matter how one person reads it. I also would defer to Anthony on the legal interpretation, as he's actually a lawyer, and I'm not. Smile It sounds like there's more to it than just what's in the deed restrictions, though. There is a legal definition of "single family" for example.

The board has discussed this, and I'm sure will continue to discuss it. I agree that enforcement is the biggest issue. The HOA can't exactly parade around in everyone's houses looking for deed restriction violations. However, problems that truly become a nusance usually have symptoms that are easily enforceable. That doesn't mean invading someone's privacy because one person thinks they're doing something wrong. But, the issue like parking such that it blocks a driveway is illegal, and can be dealt with by the city.

And I can say with confidence that the city does take that specific problem very seriously. And their enforcement doesn't exactly take the very long time that the HOA process does.

Hope that helps.
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