Single family home and guest house

We have our main home and wanting to build a guest/servants house for my in-laws. Our HOA approved the plan but want us to state it is not a permanent residence. Says we can only have 1 main residence and 1 guest/servants house per deed restrictions. If they state we can have a guest/servants house would that not be a permanent house if we had servants? We are in Texas and have plenty of room for both houses. Won't make sense to build it if they can't live there.

I guess my question is if the same family members live there would the guest house fall under the main Single family home. Probably have to consult a lawyer but thought I would get some free advice first.

Thanks for any advice and/or opinions.

The wording is a bit confusing or needs a bit more definition/clarity. What it sounds like is that the home would NOT be considered part of the HOA. You can not sell the guest house as a separate residence. The guest house would NOT be a HOA member. So whomever moves in will be "guest of HOA member" but never a member.

Also you need to consult your insurance company before you start building. There may be restrictions on location. It may not be allowed to be an attached structure. I've seen some guest/mother-in-law suites share a garage. Insurance may not approve or will increase if connected. It may be just building the structure unattached a few feet.

Your parents or guest will just not be HOA members nor have the rights of a HOA member in that guest house. They will always be your guest.

The courts have treated the issue of "single family" residences a lot, in HOAs and outside of HOAs. If the CC&Rs say as you seem to indicate, then I think the board is in its rights.

Are you saying that, in the future, you may just choose to use the guest house as a permanent residence for in-laws or 'the help'? If so, then so far, it appears to me that you are violating the terms of the contract to which you agreed when you bought the home.

Do you understand that the courts view covenants as contractual terms? Do you understand that the covenants are recorded with the county mainly so that they are "public notice" to all who buy the property? Do you understand that Texas statutes in all likelihood require sellers to disclose the existence of covenants to buyers? The purpose of all this notice and disclosure is so that buyers sign a house purchase agreement with eyes wide open (at least according to the courts).

It may be local zoning laws that prohibit or regulate auxiliary dwelling units, thus the requirement that no one live in the unit permanently (https://accessorydwellings.org/). These ADUs are becoming popular as a solution to housing shortages, but they do require a change to zoning laws.

From an HOA's perspective, a person living in a home one lot is a member of the HOA, and the number of members is almost certainly specified in the community's governing documents. Subdividing one lot or adding another member to the HOA would require amending the governing docs, which would require approval of the membership (at least a majority voting in favor). It's not something one homeowner could decide to do on their own. Which is why the HOA is making the OP jump through some hoops.

Nancy

You might try and make it clear the guest house cannot be sold separately, nor rented, nor lived in by a non-family member(s). If I was on the BOD, I could go along with this especially if registered with your deed as a deed restriction thus binding when you sell.

You mean a note on the deed specifically allowing the proposed use? If a HOA wanted to add a restriction onto my deed, limiting use of my property, I'd be mad.

Hmmmm ....

Given an agreeable ARC, I would probably require the outbuilding to be connected via breezeway, etc, so that it was part of the main house.

Thank you.

Thank you for the update.