interpretation of condominium rule: What constitutes a "family"?

Started by TamaraZ • 5 replies • 1729 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TamaraZ (Illinois)
Posts: 1

Posted:

Our condominium rules state that "Each housing unit shall be used as a residence for a single family and for no other purpose."
My question is: What legally constitutes a "single family" or what constitutes a FAMILY at all?
I believe that a "FAMILY unit" is what ever the occupants say they are. Am I wrong as a condominium board member?
1. If a Husband & wife live in a unit with or without children --- we all would say, that is a family.
2. If an unmaried couple live togeather & declare that they are family --- Is that a family?
I believe so! Is it?
3. If a family friend looses her Home or for any reason & because of this close personal, long term relationship with the single owner/occupant of a 2 bedroom condominium is asked to move in and If the condo owner declares the new arival to be "family", Should this be considered a single family unit by the condominium board?

Is a condo board being descriminatory to say that an unmarried couple can reside In a condo owned by one party & interpret the above condominium rules as to not allow two women to share a 2 bedroom unit?

I greatly appreciate any feed back on this subject.

MicheleD (Kentucky)
Posts: 4,491

Posted:

The board may be able to define a lot of things the way they want, but they must also be in compliance with local laws, statutes and ordinances.

The definition of "family" in "single-family residence" has nothing to do with the "makeup" of a family.

It has to do with a residence being further sub-divided and used as a boarding house or similar zoning definition of living unit.

Your local community will have zoning regulations regarding the space that can be used as living space for people.

A single-family residence cannot be converted into a multi-family unit.

It's a land-use definition and not a social construct definition.

It means that the HOMES (buildings themselves) that are built are not townhomes, not condominiums, not apartments, not duplexes. . .

While many single-family homes can be owned by or lived in by non-related individuals, who share the rent or mortgage, it doesn't cross the threshold of conversion to multi-family unit until you reach the point where space is being rented out to boarders.

Even then, as long as the people living there are within the legal living space allowances by your local zoning board, then proof of conversion would be very hard to come by.

One would have to prove that the space being occupied is in violation of local zoning living space requirements. Unless you've got lots of kids in there with lots of adults (a case we had in our own development), then there's not much one can do about it.

In fact, here is our local ordinance's definition of "family" as it applies to local zoning/land use definitions of residential areas.

Family - One or more persons occupying premises and living as one housekeeping unit using one kitchen, and distinguished from a group occupying a boarding and lodging house, fraternity or sorority house, a club, hotel, or motel.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tamara,

I would suggest going to your local planning and zoning agency and ask what does "single family" mean in the context of s/d planning. You may find that it does not relate to the type of "family" but rather to the type of "housing", i.e. single family (homes, condos) as opposed too multi-family (apartments). Oftentimes when "single family" is included in the CCRs to describe the type of property in the assn, the intention is not to limit to one family per unit but rather to denote the "type" of housing.

KirkW1 (Texas)
Posts: 1,665

Posted:

I think you have a good grasp Tamara. I would not spend a whole lot of time fussing over is this or that group a family. The point is that you don't want a boarding house, or a hotel, houses turned into a duplex.

It could well be that you need to firm up some of your covenants to accomplish what they seek to accomplish. But rather then get into a fight about what constitutes a family, focus on what causes a problem.

Instead of focusing on what constitutes a family you will be much better served by focusing on what problems arise when you have some non-family group in the neighborhood.

KevinK7 (Florida)
Posts: 1,343

Posted:

My HOA recently stated that single-family meant that multiple non-related people cannot live in a single family home. According to them, there is an equation by the government that determines how many people are allowed within a certain number of livable square feet.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By KevinK7 on 02/08/2009 11:20 AM
My HOA recently stated that single-family meant that multiple non-related people cannot live in a single family home. According to them, there is an equation by the government that determines how many people are allowed within a certain number of livable square feet.

Kevin,

They may be referring to HUD housing which has definite restrictions on how many people may live in a unit. Your HOA is not HUD housing! As I stated earlier, I would contact your local planning and zoning dept and ask for their interpretation of "single family". I would not be surprised to learn that it really applies to the "type" of housing, not the number of people who can live in a house. Incidentally, what if those "non-related" people actually jointly own the home??? Is the board going to tell them they cannot live in their own home?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here