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SusanB26 (Florida)
Posts: 12
Posted:
I am on the Board of Directors of a Florida HOA. Our deed use restrictions state that "no lot may be used for any purpose other than as and for a single-family residence or dwelling".

We have a home where there are multiple unrelated adults living in a home.

I have been asked what can be done to enforce the deed restrictions and I am at a loss as to how to proceed so am hopeful someone on this forum can give me direction/
advice.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Susan,

A single family residence, as defined by US Legal.com, is the type of structure and does not equate to the occupancy of the unit. Therefore, I do not believe that the issue of how many people are living on the property is an HOA issue.

Some States have occupancy limits and some do not. Doing a quick look, I could not locate anything in the Florida statutes that might apply. Most of what I found was landlord/tenant laws and the Association would have no standing to enforce those as the complaint would have to come from the property owner. However, there are likely local zoning laws that may apply.

You might want to contact local (city/county) zoning office to see if there are occupancy limitations. If there are, you, as an individual, or those who are asking the Association for assistance can make a complaint. However, the Association should not become involved as this is not the Associations responsibility.

Hope this helps,

Tim
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 12/27/2012 7:17 PM

A single family residence, as defined by US Legal.com, is the type of structure and does not equate to the occupancy of the unit.

This has always been understanding, too. One of the tests is how many kitchens does the structure have? If it has a single kitchen then it is considered a single-family residence regardless of how many people live there.
FredO (California)
Posts: 198
Posted:
Susan,

I agree with Tim and Larry in that your Deed restriction states the structures are to be single-family homes. In this instance, I believe the restrictions are stating that the structures are to be used as a residence and not as a home office, or for other commercial purposes.

I do not not think this is an issue for the Association with regard to people living there being un-related to one another. In this day an age there are many couples that do not marry but are considered significant others (or spouses) for all intents and purposes. Same goes for children, maybe the family is a foster care or has adopted kids.

As far as enforcing the deed restriction, you can check to see that no business is being run from the residence and that it is being used for residential purpose. That is in keeping with the deed restriction. This way, you can report back to the complainer(s) that you did check and are enforcing that residential use only is going on. You can use this opportunity to explain to the person or people taking issue with this, that the deed restriction is for use, not family bloodlines.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
The intent of the rule is to prevent "Frat or Sorioty" type housing for the most part. It may also include houses that want to rent a room out as well. Having multiple roommates is a different story. They are all chipping in to pay the rent and not making it a business out of it.

The only thing the HOA needs to concern itself with is keeping the owner upheld to the rules of the HOA if there are violations. I don't call this a violation unless it was the above 2 situations with frat/room rental. Plus your HOA needs to have a fining schedule set up to enforce fines for this.

Former HOA President
JohnB26 (South Carolina)
Posts: 1,569
Posted:
short answer: one kitchen + common exterior entrance = one faminly home

the term 'one family' DOES NOT, repeat NOT, refer to the relationship between the occupants, it refers to the type of structure ~ check your zoning ordinances if you don't agree

a good 'work-around' is to limit occupancy to 2 per actual bedroom

the BOD should not act as the moral monitor of the world
PaulT6 (California)
Posts: 409
Posted:
Our C&R's state that any rental for more than six weeks shall be only to one single family only. Some time back our attorney advised us that we should not even try to enforce it, which we haven't. IIRC, virtually all of our full time rentals are to people in their 20's to 30's, none related to each other. Many evolve into the "Animal House" type of situation, especially in those houses that have outdoor hot tubs. Many have way more than 2 people per bedroom, which our Town actually encourages, called "shared housing", kind of like in Doctor Zhivago.

Paul T
JohnB26 (South Carolina)
Posts: 1,569
Posted:
? married family ?
? common law family ?
? brother + second cousin + aunt + aunt-in-law family ?
? old style Mormon family ?
? homosexual family ?
? fraternal family ?
etc

listen to your attorney
PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By SusanB26 on 12/27/2012 6:55 PM
I am on the Board of Directors of a Florida HOA. Our deed use restrictions state that "no lot may be used for any purpose other than as and for a single-family residence or dwelling".

We have a home where there are multiple unrelated adults living in a home.

I have been asked what can be done to enforce the deed restrictions and I am at a loss as to how to proceed so am hopeful someone on this forum can give me direction/
advice.

You have not posted any evidence of a violation of the deed language you posted.

Tell those who ask to provide evidence.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
ditto
PaulT6 (California)
Posts: 409
Posted:
Quote:
Posted By JohnB26 on 12/28/2012 11:41 AM
? married family ?
? common law family ?
? brother + second cousin + aunt + aunt-in-law family ?
? old style Mormon family ?
? homosexual family ?
? fraternal family ?
etc

listen to your attorney

John,

We have, for at least the last 16 years. Although our C&R's were written about 42 years ago, I was surprised that it was even in there. I doubt that anybody really cares about who is in the house as long as they don't de-grade the quality of life for others around them.

Paul T
JohnB26 (South Carolina)
Posts: 1,569
Posted:
we must really really be bored...................................

PaulW2 (Florida)
Posts: 1
Posted:
Here is some additional info- owner invites a person met through a "help organization" to move in. That person invites her boyfriend. A adult son moves in next. A child sometimes stay there. the "guests" are ignorant of the community rules and when advised of them ignore them. They are creating an unsafe situation for the immediate neighbors. Although they have not done anything legally wrong they glare and try to intimidate the neighbors.
BrianB (California)
Posts: 2,820
Posted:
Omg, a glare.

thank goodness, we have HOA's around to protect us and our property, and intervene in glaring situations.

GlenL (Ohio)
Posts: 5,491
Posted:
Glare back, what are you two? If the owner or their guests violate the CC&R's you enforce them however your CC&R's or state law allows.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JohnB26 on 12/28/2012 2:43 PM
we must really really be bored...................................


Well a couple of years ago ICE found something like 22 adults sharing a three bedroom home in an upscale Cincinnati neighborhood. I think they all worked at the owners Chinese restaurant.

Studies show that 5 out of 4 people have problems with fractions
JohnB26 (South Carolina)
Posts: 1,569
Posted:
that would be a zoning / occupancy violation

egs.

x no. per sq ft

x no. per bedroom

etc

y'all should check with zoning and/or code compliance for applicable c of o ratings

imo: the ahj has alresdy done your work
LauraR5 (Tennessee)
Posts: 220
Posted:
Yep, check your zoning. They may have a definition of what a "single family" home is. Most likely, it doesn't actually include who's related to whom, but just a number of people.

This is one of my hot-button issues. I rent out both of my spare rooms in my house because I am trying to cut down on expenses so that I can be debt-free by the end of 2014. One of my renters is a friend I have known for many, many years. I have a suspicion she may live in my spare room forever. The other is a girl who is saving for her own home. However, regardless, it's no one's business but my own. It's my personal property and I'm violating no laws, so as long as it doesn't bother me, it shouldn't matter to anyone else. We're not using any more neighborhood resources than anyone else here.
CarlH2 (Nevada)
Posts: 5
Posted:
I am a lot more involved with houses that have several irrelevant individuals residing together to keep from being destitute. I realized this was arriving, one more way to create lifestyle more challenging for individuals who are already having difficulties. You can battle by planning a wide centered group coalition.

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