Defintion of Family

Good eve group........ I am trying to gather different opinions as to what defines a Family with regards to rights and privleges of membership in an HOA......All comments appreciated...Thanks bunches LindaC

The only "family" reference I have seen in governing documents is to state that the homes in the association must be used as single family dwellings. We have a home with 6-8 cars out front that I have considered investigating as a means to clear that up.

In the policies that I am defining for our community the only one with rights and that can request things is the one on the deed. Anyone can run for the board, but other than that the Owner is the point of contact and the one everything is applied against.

Linda, look at the definitions of Member and Parcel Owner in Florida Statute 720

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

That is the definition within the Florida Statute only. Read the definitions section of your covenants, by-laws and articles of incorporation. The definition in each may be different and the definition in one of those documents does not apply to another document. Each document must have their owner definition of terms. That should make it very easy to see if they are complying.

Linda:
You have not mentioned the situation in your community and why you are asking what defines a 'family'. If you are speaking about rights and privileges: voting is usually reserved for the owner/name on the deed, most often one vote per unit.

Privileges of the family re amenities is another story. For instance, if you offer use of a pool, it may be for 2-parents & children; however, if cousins come to visit, IMO they should be under 'guest' pass, if offered.
Though they may be 'blood', they are not the immediate residents.
Can be a touchy situation.

BradP--- you are correct.... I feel that it needs to be anyone who customarily resides in the residence...However the rule they have written now allows for all those defined as FAMILY to have all the same rights of Membership regardless of whether they live here or not.... it even allows for them to grant GATE CLEARANCE...........I have a problem with that...Let's say your brother comes to visit you- the gate people let him in because he is FAMILY...You aren't home...He calls all his friends to tell them to come partay....he is allowed as the rule is now written to grant gate clearance to all these people...That's a serious problem for me at least......I don't want everyone who is my kinfolk LOL by virtue of all havig access to MY PROPERTY................Thats why this rule violayes in my opinion my rights to Membership as afforded to myself and my husband by virtue of deed...These other people have no vested financial interest in this place but yet they can attend BOD Meetings have input but just can't vote.....BIG PROBLEM...... Now my sister who lives here also when our Mother comes to live here with her will be filing a declaration of domicile stating this is her full tiem residence... I have stated to the BOD that when my FAMILY comes to visit --- they are GUESTS not members...notice the small m ...Capital M is reserved for Members or owners as listed on Deeds.. LindaC

PaulM... Let me post the rule so maybe you all could help decipher it for me and help !!! Even though I was removed from my position on the Appeals Commitee the BOD made a motion and it passed that I would rewrite this rule for them...It seems that I was the ONLY person who cared enough to make comments on this issue... Shame more people do not get involved with the daily ruling making process... They just live in this clouded world the the BOD says it-- So it must be true.....I apologize in advance for this being a long post>>>>

RULE 5...Privileges of Membership

5.1 Only Owners are members of the Club ( "Members")
Membership includes the right to vote at meetings of Members; the use of the Property,and its amenities;service on the Board of Directors and Commitees of the Club;participation in Board and Commitee meetings,and the right to authorize the admission of.or to admit,non- members to the Property ( known as gate clearance )

5.2 Adult Family members ( family as defined by Declaration ) I posted this definiton earlier.....may enjoy the above privileges except voting as meetings of Members,Minor members of the Family of a Member ( defined as those under the age of 18) may use the Property and its amentities,but must have written Member permission for the unsupervised use of the swimming pool.tennis court,lodge,exercise room.trap and skeet,and use on the roads of golf carts.Minor members if a Member's Family may not engage on hunting activities or use the Rifle Range unless accompanied by the Member,A minor of a Members Family nay not autorize gate clearance,Permission documentation will be maintained at and monitored by the Managers Office.Any abuse of Family Member privileges will cause them to be revoked.....WHEW !!!!!!!

Now to me if onyl OWNERS are MEMBERS then how can adult family members as defined by Deed still have all the same rights.....To me if your family as defined DOES NOT LIVE WITH YOU or is a DEEDED OWner they dont have all the same rights and privilges... Am I not reading and understanding something here ??? Thus my request for help AHHHHHH Thanks LindaC