Legal Question in Landlord & Tenant Law in North Carolina

Are rights to use recreation areas for home owners in a property owners association( POA) transferrable to a tenant? Or another way to say this is: Can a POA deny those same rights to renters? The question has come up as to whether rights are transferrable.

Asked on 6/19/10, 10:59 am

1 Answer from Attorneys

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Not unless your property owner's agreement does not allow leases/subleases. It would help to know what the tenants are missing out on. Anyways, as you posed the question, you are right. The POA cannot take away the rights of your renters if there is no clause in their documents that allow them to. (You really need to review all of the Home Owner's docs) Take Care!

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6/22/10, 11:32 am

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