Single Family Definition Enforcement in CA

We have a ridiculous group of people managing our home owners association. Without getting into too much history the following is the situation and would appreciate any advice.

Back in 2005 I start the build process and my architects submitted plans for the house to the architectural committee for review and approval. No objections were brought up but I don't think anybody even looked at the plans and we continued with the project to the county and finished house in 2007 obtaining occupancy permit, etc. Living normally except usual harassment by the home owners association related to petty stuff which not need to get into. Recently notified that in order to get my deposit back (had forgot about this) they need to do a final inspection. Since my house was totally built to the plan with absolutely no modifications I did not object and allowed a walk thru (mistake). I am typically not at the house and actually have other places rented and I have two care takers (one disabled person and another person who looks after him and my house) living here. They forward my mail, do snow removal, and generally take care of the house in my absence which is quite a bit. After nine years, during their walk thru they became aware of these people and are now trying to enforce single family dwelling restrictions on me. In order to deal with them I have hired a lawyer and wrote a 6 page response to them and am turning my house sitters into renters (two men renting in common), again I am gone 95% of time and have other residences and am legally changing my residence address away from here again just to deal with the situation. Furthermore they are complaining about a small kitchenette which is in the area above my attached garage. I have sent them pictures with tape measurements of the cabinets and the sink which is there showing that it is exactly per my plans submitted back in 2005, built to specification and county reviewed during the final inspection and approved. They are not only asking for removal of the two people at my house, they are also asking for changes to this area.

In my letter I have sent pictures of 8 other homes in the area with completely detached secondary units, two homes with totally flat roof lines which is also against the architectural guidelines. This is a 5000 square foot 4 bedroom 3 bath house and they are objecting to two guys living together in this house. Since they are not "relatives" looking at it as rooms rented out instead of house rented, have not been charging rent but again turning these people into renters now to deal with wording of CC&R. Again I have addressed this by writing up a rental agreement renting the house fully furnished to two guys as tenants in common. Have not slept for a couple of days and blood pressure up like crazy. Need to put an end to this.

First of all they are not going after all of the homes with various discrepancies (detached units, roof line, etc.). They are selectively picking points out of the architectural guidelines and bothering me in particular. My house is built to specifications, again nothing changed and county approved everything. I do not have two full separate kitchens and the house is one attached structure, not two pieces like 8 other homes are. Again they are selectively bothering me.

Also cannot see the "Single Family" definition not including of people of the same sex these days, again this is CA.

CC&R reads "No Lot, or any portion thereof, shall be occupied and used except for single family, residential purposes by Owners, their contract purchasers, lessees, tenants, or social guests."

Since they even have occupied by social guests in here I think I am in the clear but obviously they are moving along with their process. We are the second notice now, third notice goes to hearing. I need some solid information so I can properly fight the issue. No neighbor has ever complained about these people and actually my disabled friend is a musician and is typically invited by neighbors to go their house and play the guitar. The whole thing is pretty absurd, to come and ask for changes (selectively out of the list of architectural guidelines) after 9 years and then objecting to two guys living in a 5000 square foot home. Looking for any advice and help. If you are aware of legal cases of similar issue, single family definition enforcement in CA, etc. would appreciate it. Considering bringing a discrimination law suit against them if necessary. 90% of our yearly dues goes towards an insurance policy which protects the group in case of law suits, etc. Was sold a bill of goods by my real estate agent, should have never purchased this lot, this is an acre property in the mountains and the association rules are basically written like this is a city house in the San Francisco bay area. You can have boats on the property but not empty trailers so if you put your boat on the lake for the summer you can not park your trailer here, it has to go to storage. This is snow country and cheapest storage area parking hovers around $250 per month. Again sorry venting a bit here.

Don

Welcome Don

IMHO, your strongest and easiest defense is that your tenant needs a caregiver. I doubt you will find any definition of SF that excludes an exception for a a resident caregiver. What about the little old lady who can't take care of some of her daily needs anymore, and has someone move in with her. That doesn't all of a sudden make her house a multi-family dwelling.

If the relationship of your 2 male residents is something more, then I think you also have an argument of sexual bias. There are many heterosexual partners who live together without a married certificate - they too would be violating such a SF requirement.

If no objection was made to your plans and you went forward with construction 8 years ago, it's too late for the HOA to cite you for violations now. You had every right to rely on the HOA's passive acceptance especially since you spent significant dollars after no objection was made.

They "are now trying to enforce single family dwelling restrictions on me." Where, Dariush, are these so-called single family restrictions written? What, exactly, do they say?

Are you sure the current harassment isn't related to the "petty harassment" of previously?? I have a feeling that the HOA board is after you for more than the alleged violation that your wrote about.

We are condos most of which are 1050-1550 sf. Several have unrelated people living in them--housemates in some cases and caregivers in others not to mention the unmarried couples. Surey 2 people in 5,000sf on an acre. cannot be a problem for any neighbors or the HOA.

if a single entrance and a single kitchen - makes no difference

The HOA can NOT evict your tenants. They are a third party to the situation and do NOT hold a contract with your tenants. If push comes to shove, create a bonafide lease agreement. This is for reference only. Plus have in it that you can evict them for failing to follow HOA rules. That is always a good idea to have in any HOA lease.

The 2nd kitchen situation has no bearing on HOA issues. It is a resale one. Your house is no longer comparible to the other homes. Which means your home had a competitive advantage. If you were to sell, your home could appraise higher than others. Which is not a bad thing for them either. Home values are based on real numbers. It is what similar homes sell for in a few mile radius. Your home may appraise higher due to the kitchenette if you were to involve it.

Seems to me your trying to make this a discrimation issue. Your just dancing around it for some reason. Are you really wanting to just sue your HOA for something? Otherwise, this issue is not a big one and one easy to ignore.

Don,

Stick with the facts. The plans were approved and the work was done according to the plans. If they want you to remove things, then you will seek legal options to recover damages from the Association for previously approving and now requiring the items to be removed.

As for the assistant. Per the ADA, the Association is to allow reasonable accommodations, which, in this case, is a live in assistant.

Larry beat me to referring you to the website he cites. It's compiled by HOA attorneys.

Your board's claims, imo Dari, are bogus. But to get them off your back you may have to engage an attorney to bring with you to the HOA hearing not only for the unrelated people in your home, but also and perhaps especially for your roof situation.

So, when you get that third notice from the board, which invites" you to a hearing, reply by asking exactly what statutes or covenants or rules you're allegedly violating if they are not cited in the notice. By CA law, that letter needs to come to you 15 days before the hearing. In addition, tell them you are bringing an attorney to the hearing and since you are not in violation, you expect the HOA to pay for your attorney. It's best to engage an HOA attorney.

It seems you built the home too long ago for the board to now make the roof an issue. In CA I believe the Board has 5 years to act upon discovery of such a "violation." If they do not, the doctrine of laches, I think, applies, which states they cannot force you to comply with a rule or covenant such a long time after it should have been noticed by someone.

Look up doctrine of laches at davis-stirling.com. (I'm not in any legal field.)

D'OH

OK need major help here!!!!! The group has backed off about asking for changes to my house since not legal for them to do so. But continuing to push the Single Family issue about the house. Again I am on the road quite a bit and I have somebody living here to take care of the place for me. House in snow country and can not be left unoccupied, it actually has been unoccupied for the last couple of months since my helper was also gone for a while. The group is trying to impose a $1000/month penalty now based on violation of section 4.01 of our CC&R which is as follows.

4.01: Use of Lots. No Lot, any potion thereof shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants, or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declarant, its successors or assign, may use any Lot in the Project owned by Delarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or, where Declarant elects to retain one (1) or more Lots as an investment, until three (3) years from the date of closing of the first sale of a Lot in the latest annexed phase of the Project, whichever occurs first. The provision of this Section shall not prohibit home occupations as long as they are merely incidental to the use of the Lots as dwelling, are permitted by local law, are conducted in such a manner as not to adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. No health care facilities operating a business or charity of any kind shall be permitted in the Project.

Again this is a 5000 square foot home, 8 car garage, currently one occupant, at time myself and the friend who is living here at times. I do have a lot of health issues and don't particularly want to be here by myself since if something happens "my body" will not be found for a long time. Regardless I do not see how they can be enforcing this and asking for a $1000 per month fine now, they have owed me $500 which they have not returned and now this.

Again I need clear legal advice regarding this, I did not go to the last meeting since discussing this in person with them or via letters had not got me any where. It was my understanding that we were to have third party go over things, instead at their regular meeting last week they have come up with this. They do have an attorney on retainer on their side, don't know what kind of advice he is giving them but this can not be legal. I know about the case laws which were provided, I am out work and barely get by, house is all that is left after the divorce. Need to take care of the properly and as reasonable as possible.

I am reading the CC&R and don't see what is the next step. Obviously somebody with a higher IQ needs to look at this case and make a judgement.

CC&R is attached.

For clear legal advice, contact a local attorney.

In fact, having a local attorney write a letter on your behalf may be the best option.

Knowing the area, there are towns nearby and, worst case, a trip to Reno or Sacramento is still a day trip.

As per the covenant that you provided, "4.01: Use of Lots. No Lot, any potion thereof shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants, or social guests."

I am at a loss to see the problem related to your guests/renters/family.
It appears quite clear that all of the above are included.

You must look up your City and or County definition of "Family" ...since your CC&R appears not to make a definition. The number of cooking facilities does not infer anything. (Think out door Bar B Que, wet bar, basement kitchens, all of the portable cooking appliances available today, including Microwaves, Induction cookers, toaster ovens...ad nausium! The cooking areas just need to be with-in building code requirement. And, it appears that these areas were in original approved plans.

See - http://rkw-law.com/files/6813/4627/3030/What_is_a_Single_Family_RKW.pdf

Please see my other postings related to this.

If you want actual legal advice, you need to consult with a local attorney.

This forum does not give legal advice.

Agreed, Most definitely!

BUT! Every Attorney has there own Opinion...just like "normal folks". And, when asked, that is all you get.....opinion. Even when paying for "legal advise"

If you are a knowledgeable consumer, (having researched and found related codes and prior judicial findings) then, you will be able to separate the facts from the BS that Attorneys generally offer as a waste of time and money.