HOA limiting number of unrelated persons per unit

A. Purpose of Property. No unit shall be used for any purpose other than as a residence site as follows:

(1) For a single family, meaning a group of one or more persons each of whom is related to the other by blood, marriage or adoption who are living together and maintaining a common household, but excluding more than one married couple and excluding two or more parents (not married to each other and not themselves parent and child) who have their children or stepchildren living with them.

(2) In the alternative, as a residence site for persons who do not constitute such a “family” but subject to the following restrictions on the total number of persons (including children) occupying any unit: Any two bedroom unit may be used or occupied by no more than four persons; and any three bedroom unit by no more than six persons, until and unless the Association adopts rules or regulations altering this requirement and no such rule or regulation may be adopted except by the members of the Association at a meeting duly called for that purpose.

(3) In accordance with the frequent approach in zoning codes of protecting values in residence districts by prohibiting the use of single family residences for roomers and boarders, and in order to provide similar protection for the owners of units, it is hereby provided that no roomers or boarders shall be permitted.

(4) The restriction above to the use of any unit as a single residence shall not prohibit the conduct of a “home occupation” or profess-ion carried on by residents permitted to reside on the premises under Section 7.1 of this Declaration and in connection with which (a) there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a residential dwelling, (b) there is no commodity sold, or services dispenses upon the premises, (c) no person is employed other than residents permitted to reside in the unit under Section 7.1.A (1) above, and (d) no mechanical or electrical equipment is used except such as is permissible for and is customarily found in purely domestic or household premises for the family residing therein. A professional person may use his residence for infrequent consultation, emergency treatment, or performance of occasional or emergency religious rites, but not for the general practice of his profession. Permitted home occupations shall not include barber shops, beauty shops, shoe or hat repair shops, tailoring shops or any type of pick-up station or similar commercial activities but the recitation of these particular exclusions shall not be deemed to constitute authorization for conduct of other businesses or enterprises which are precluded by this or other sections of this Declaration.

Single family does not mean, 1 family (mom, dad). Your idea of 2 unrelated people is unrealistic.

"Single family" in the eyes of the law does not necessarily exclude unrelated, unmarried single adults living together. A more accurate definition would be more architecturally based. A building containing a single residential unit, not attached to any other residential unit or building.

Your HOA's definition is not only unenforceable because your city law overrides your HOA rules it is also a violation of the Federal Fair Housing Act.

Looks like your stuck, and will continue to be unhappy with your neighbors. Good luck to you.

Marcia,

First of all, HOA restrictions cannot be more restrictive than city code; therefore if the city says 4 and the HOA says 2, the city wins!

Secondly, I would suggest you check with the city planning/zoning department to find out what the term "single family home" means as stated in your CCRs. I think you will find it refers to the type of residence not who is living in it. This is a term that many, many HOA members and BODs are confused with. It does not mean you cannot have more than one family living in a home. I know of some residences where 2 familys are living legally as both parties are the property owners. You cannot deny a property owner from living in his own home!

Since I'm not an attorney, I called the Agent in charge at our NM HUD office to ask and he said that the Fair Housing Act does not address limiting occupancy. It addressed discrimination based on race, gender, age etc. And he said HOA's are different. I also posted a message on the Fair housing advocacy site and was informed that it's a 50/50 issue. Sometimes it's legal and sometimes it isn't. It depends on how the limitation is worded and ours only says no more than 2 unrelated persons per unit. In NM the state sets the occupancy standards and allows cities to then reset them to their situations. Our city said we could be more restrictive since we are an HOA.....it's very confusing.

After reading this post I feel like I’ve suddenly fallen into bizzaro world. Of course the HOA documents can be more restrictive than the city ordinances as long as they don’t violate the law which according to the OP after contacting the city, they don’t. Evidently someone bought into the community without bothering to read the CC&R’s before hand or somehow assumed that they wouldn’t apply to them.

Is this what your HOA has in it's documents?

How does the OP plan to prove or disprove residents' relationship to one another?

That is the problem with these type of allegations.

If you have "exterior" issues such as parking or similar that is what you should focus on.