When does a "visitor" become a resident.

We are preparing a fince schedule. The schedule includes a fine for an underage person (We are a senior community in the state of NE) living in a unit. A couple of months ago when reading the fine schedule, I stated that we needed to define "living in" as opposted to visiting.

One Board member who does not live in the building but has ownership interest mentioned 2 days. To me that is way tooooooo low. I mentioned 14 days. I would like to know your thoughts on this matter.

Bonnie,

Fourteen days is a number I have seen in residential leases. It sounds reasonable. Two days is not.

Has your board decided which of you will sit in the hallways with the clipboards and calendars keeping track of who is visiting for how long?

my hoa limits ANY guest to a maximum of 30 days per year

however

said rule is unenforceable from a logistical standpoint

30 continuous days? - 29 days in, 1 day out? - 24 hour day? - daylight day?

security - gatehouse - clipboard - id - signatures - testimony in court - etc etc etc

FUH GET BOUT IT

This is not a rule to go after the individual who says he is having a relative stay in an apartment while doing "work" there. This rule is to apply to all. This is not the only unit who has an underage person living in the unit.
Also the young man doing "work" certainly is taking a long time to prepare a 692 sq ft unit for sale. He has been here since last October.

As for the unit that "work" is being done on, a new owner looked at the unit before she decided to buy a unit upstairs without a garage space. Her desire was a one bedroom unit with a garage space. Our problem unit has a garage space. I am almost certain she would have bought our problem unit if it had been "prepared for showing". She said it stunk and furniture was "stored" in the unit; definitely not staged for showing.

Two weeks or 14 days is reasonable. Two days would be even shorter than a long weekend.

I agree that there should be some consideration to if it is the same guest or how the count begins. Maybe 14 days in a three-month period?

I know because your situation is an age restrictive HOA it's different than my situation, but I wish we had this rule in my former HOA. Then I wouldn't have had my in-laws expect to visit for a month in December and a week in Spring and another week or so in summer. I read an email that vacation term now might become all winter.

Living in a unit rarely makes the actual work go faster.

Is it that difficult to define?

Anyone spending X number of nights in a unit over a Y period of time is a resident.

Fill in X and Y accordingly. 14 days per quarter, 30 days per year, whatever.
Look at it in the same way that child custody is figured. It's "overnights" not hours per day or anything of that sort.

And for the case mentioned, one does not need to sleep overnight in a unit in order to do any sort of work on it.

Why are your hands tied? Define residency as 21 days in a 6 month period (for example), keep track of the comings & goings for 3 weeks and you're done.

At the last Board meeting, one Board member wanted to define residency as anything over two days.