Sngle Family Residence

Started by MaureenM1 • 9 replies • 2251 views

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MaureenM1 (PA)
Posts: 344

Posted:

our bylaws states "Each Unit is intended to be and shall only be used as a single family residence"

The builder in our development is renting one unit to 4 people who are not related. Is this a violation to the above?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maureen,

Yours is a question we hear quite often. "Single-family residence", in most instances, only applies to the type of housing and has nothing to do with the number of occupants or "family's" residing in the home. Check with your City/Co to find out if they regulate the number of occupants in a home that is owner occupied and/or rented. There may be differences between the two. I live in Glendale, AZ and the City does not regulate how many "family's" or occupants can live in an owner-occupied home. They only regulate public housing and Section 8 housing, and that regulation is mandated by HUD. The City/Co should also be able to tell you what the statement "single-family residence" means when used in your CCRs. I spoke to our Planning & Zoning Dept for clarification.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maureen,

Have you had a "turnover" of the association to the members from the Developer? You will be hard pressed to enforce any covenant against the Developer as they usually have a protection clause from lawsuits against them in the governing documents. But if you have taken over the association, then you can change your documents to put limits on who can live within a unit.

We had had several threads on the subject of what consitiutes a single family residence and we never have the perfect, enforcable answer. If you had a non rental policy , now that would enforcable.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Donna,

I'm not sure the HOA can put limits on who can live in a unit unless it's a 55+ community which is regulated by HUD. IMO, if the home is rented there may be limitation which can be imposed. As I suggested earlier this can be checked out with the city/co. However, if the home is owner-occupied, imposing limitations on the number of occupants or families may be a violation of the Fair Housing law. I wouldn't change the CCRs to impose these type restriction w/o first consulting with a good HOA attorney. I also suggested contacting the city/co to see if they regulate owner-occupied residences.

JohnB7 (South Carolina)
Posts: 176

Posted:

'Single Family Home' means ONE kitchen only.
Generally codes limit occupants to 2 persons per bedroom.
A bedroom must have a source of heat + one door + one window + a 'fixed' closet and can not be a walk through to another room (must be on exterior wall).
So..........if you have a 3 b/r home it would be limited to 6 people who do not have to be related.

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

No such requirements where I live in AZ. The City does not regulate how many people can live in a home. If I purchase a 3 br home and have 5 children no one can deny me the right to move my family into the home I own!!! In fact, if I want to move in my brother and his wife I can do that too. Rentals may be different but not property that I own and live in.

JohnB7 (South Carolina)
Posts: 176

Posted:

There is no limit of people per square foot ?

You could legally move 67 people into a 3 bedroom house ?

MaryA1 (Arizona)
Posts: 7,043

Posted:

You got it? But, think about it, John. Why should anyone have the right to tell you how many people can live in a home you own? We aren't living in some third world country, it's the USA!!!

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MaryA1 on 03/26/2009 4:07 PM
John,

No such requirements where I live in AZ. The City does not regulate how many people can live in a home. If I purchase a 3 br home and have 5 children no one can deny me the right to move my family into the home I own!!! In fact, if I want to move in my brother and his wife I can do that too. Rentals may be different but not property that I own and live in.

Mary, I find that extremely hard to believe. If the city doesn't regulate, I would check with state regulations.

I have never known of any area that does not regulate/restrict the number of people who can SAFELY live in a unit.

It has nothing to do with the definition of family, or whether you own or rent the structure, it's almost always a result of FIRE CODES.

Even apartment owners know that there are limits to the number of people who can reside in a single unit. That number is generally regulated by local codes, but I'd be very surprised that an area anywhere did not have SOME limit for all living quarters, including those singly owned and not "rental" property.

But to get back to the original poster's comments, "single-family residence" is NOT a designation of the NUMBER of FAMILIES that can live in a unit.

As other's have mentioned, it's a type of unit that is not subdivided into sub-units, as in duplex, four-plex, condo, apartment, high rise, etc.

A certain number of people are legally allowed to 'share' single kitchens and bathrooms without it being considered a sublet arrangement.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MaryA1 on 03/27/2009 10:50 AM
You got it? But, think about it, John. Why should anyone have the right to tell you how many people can live in a home you own? We aren't living in some third world country, it's the USA!!!

Why? Because the fire department shouldn't have to wade through tons of dead bodies because people were crammed into a living space they could not get out of during an emergency.

I still contend that there are some limits somewhere in your area, whether designated by the city, county or state.

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