Can We Restrict Number of Occupants per Unit?

Started by LilW • 9 replies • 2348 views

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LilW (Utah)
Posts: 6

Posted:

We are revamping the Rules & Regulations for our Utah condominium association. The HOA president suggests limiting the occupancy for the two bedroom units to 4 and the 3 bedroom units to 6. Is this even legal? Does it violate the protection act with regard to family size? Your thoughts?

JulieS (Georgia)
Posts: 412

Posted:

There are a number of posts on the site related to this so you may want to look at those.

You would want to make sure you do not violate any FHA rules. It may be a good idea to check with local ordinances that you can use rather than going through the association.

CharlesW1 (Georgia)
Posts: 826

Posted:

I’m not 100% sure on what can or can’t be regulated when it comes to many of the situations facing the HOA community today. I would suggest just as JulieS has to check with the FHA rules. I had just familiarized myself with this law a couple of days ago.
I would expect you to receive plenty of very good advice from many of the people that respond to posts on this discussion board.
Best of luck to you,
Chuck W.

Charles E. Wafer Jr.

BrianB (California)
Posts: 2,820

Posted:

often time, city codes already define this, and you are on safe ground if you simply copy/comply with already existing codes. You can be different, but then you must defend your decision. if you are the same, then the city has already done the defending.

BradP (Kansas)
Posts: 2,640

Posted:

Lil:

As Brian said most places have city or fire and life safety codes that specify the maximum number of occupants for a residence. Mirror that and you will be fine.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

LilW,

Please post what your city codes are for the maximum number of residents. It would be very informative.

GeraldT1
NNJ

LilW (Utah)
Posts: 6

Posted:

A single-family dwelling is defined by City Code to be "A structure designed to be occupied by one (1) family. . . ." The word "family" is defined by City Code to be "An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons living in a dwelling unit and using common cooking facilities."

This would help for roommates and boarders, but not family-size restrictions. I can't help but think it's terrible to tell a family if they have more than 4 children they have to move! I will try to persuade the president to leave it alone. (I'm the manager, not a board member.) Thank you for your replies.

HaroldS (Arizona)
Posts: 906

Posted:

think it's terrible to tell a family if they have more than 4 children they have to move! >> Well, why not? Some boards are exceeding their authority wanting to tell us how many and what breeds of pets we can have. Boards have plenty to do just to enforce the rules we agreed to and accepted when we moved in, and not try to change them on us once we are there. If there are existing city or county laws in place, why would a board want the grief of enforcing those new rules when the local government already covers those areas? Harold

JulieS (Georgia)
Posts: 412

Posted:

If someone has four children, then they are related and not in violation of the city ordinace. I agree that the board should not get involved in this matter...which is why I believe that if there is a problem, let the city/county deal with it and not the HOA.

CharlesW1 (Georgia)
Posts: 826

Posted:

JulieS made a very good point. It’s not an HOA problem. The HOA can continue to enforce the CC&Rs that the homeowner is aware of though.

I would think if anything it would be more of a fire, safety problem in which case let the county get involved.

You would definitely have some legal consequences if you were to tell a family that they had to move because of that particular code! You might want to be accompanied to those homes front door with the local law enforcement. Things may turn ugly, fast.

You have gotten some very good advice, now if the problem persists. Look into enforcing any of the CC&R that the homeowner maybe violating. .

Best of luck to you
Chuck W.

Charles E. Wafer Jr.

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