Full Time Resident Definition.

Started by RichardR2 • 3 replies • 8397 views

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RichardR2 (Washington)
Posts: 3

Posted:

Does anyone have a clear definition for a full time resident vs a part time resident? We have covenants against people living "full time" in an RV or in a building less than 700sq ft on their property. When we send out violation letters they respond by saying they don't live here full time. They may leave for short periods of time but by observation we know they are residing here full time. But at this point we don't have a clear definition in our covenants or resolutions so we can't prove they don't live here full time, or can we and we just don't know it.

Does anyone have a clear definition of full time and part time resident?

BradD2 (Florida)
Posts: 418

Posted:

What state?

RogerB (Colorado)
Posts: 5,067

Posted:

Richard, your Declaration needs to define the meaning of full time resident. It doesn't matter what clear definitions can be provided which are not in the CC&Rs. If this is a serious problem amend the CC&Rs.

JM2 (Oregon)
Posts: 439

Posted:

Hi Richard:

While I agree with Roger that it's best to define this in the docs... here is an idea of how to get to a definition in the meantime:
1) Do they have a residence that is considered their primary residence?
2) Do they have arrangements - either a mailbox on their Lot, a gang mailbox in the community, or a post office box - where they typically receive their mail locally?
3) Where do they list their official address with the HOA for purposes of billing, sending notice, etc.?
4) Where do they file taxes as a home state, and where as a temporary residence?
5) Do they reside on the property a majority of the year? For over a month at a time?

Your lawyer can probably help you to sort this out, but take in some possibilities. You may be able to do this by resolution - for instance, "If a person lives (in an RV or building less than 700 sq. ft.) on the property more more than 30 consecutive days, or more than 30 days within a 60-day period, this will be considered a full-time residence for the purposes of covenant enforcement. Entering an RV or building less than 700 sq. ft. for more than 5 hours will be considered as a day of living on the premises."

Good luck with this.

J. Patrick Moore, CMCA

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