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Subject:  Colorado/ How many are authorized in a condominiums
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RichardL7
(Colorado)

Posts:75


10/02/2017 1:58 PM  
The question comes up as to how man family members are authorized in a Condominium of about 1400 S.F. and has 3 Bed rooms. Some of us from the Association feel that some are exploiting our association by having a lot more then should be allowed. Let it be known that our bylaws do not give any info on this subject. Some guide lines would help.Not sure where to check in Colorado. Any ideas??
R.L.
DouglasK1
(Florida)

Posts:1416


10/02/2017 2:37 PM  
If there is nothing in your bylaws or CCRs/Deed Restrictions, then it's going to be hard to enforce a limit. Many localities have laws regarding number of people in a dwelling, so you might want to research your city/town/local laws. Some of these laws might only apply to unrelated persons so read carefully. Assuming there are limits in law, it would not be up to the association to enforce, you would need to contact the jurisdiction and let them handle it.

Escaped former treasurer and director of a self managed association.
TimB4
(Virginia)

Posts:16379


10/02/2017 3:12 PM  
The issue would be with code enforcement.

You can always make a complaint and let the County investigate.


Keep in mind, and I understand that this is likely not what you are talking about, the fair housing act prohibits discrimination on familial status. Makes sense. Who wants to say to parents that the child they just have put them over the limit of occupants, so you need to move.

Having had a daughter who went to school in Fort Collins, I know that some Counties and Cities do have limitations on the number of unrelated individuals living in a home. Hence, my suggestion to contact your code enforcement department.
KerryL1
(California)

Posts:6397


10/02/2017 3:27 PM  
I agree with others to look to your local muni codes. The limit might be 2 per bedroom, for instance, and may not require they be related. Or it might even be 2 + 2, which means 2 per bedroom plus 2 more.

What do you mean that some may be "exploiting" your HOA by having too many?
MichelleK5
(New York)

Posts:161


10/02/2017 4:27 PM  
To give you an idea of how many people can legally live together in some parts of the country, here's some info. on NYC
The code for apartments, and one and two family homes is: 80 sq ft per person.

So it's the total square footage of the dwelling, minus the bathroom and hallways as those aren't considered "livable."

In addition, it also allows one child, under four, for every person on the lease. That can be a lot people in a very small space and it's perfectly legal.

Like others have said, find out what the code is in your municipality.
GenoS
(Florida)

Posts:3040


10/03/2017 12:46 AM  
Our 30 year old docs don't give a number. Instead they refer to a "single family" which is an archaic term nowadays. We're changing our documents to say "2 per bedroom, plus 1".
TimB4
(Virginia)

Posts:16379


10/03/2017 1:48 AM  
Posted By GenoS on 10/03/2017 12:46 AM
Our 30 year old docs don't give a number. Instead they refer to a "single family" which is an archaic term nowadays. We're changing our documents to say "2 per bedroom, plus 1".




So if I own a two bedroom home in your community, 2 adults, 2 children and my wife is pregnant with twins what happens when she gives birth?

I think such a situation would be covered under the fair housing act.
JanetB2
(Colorado)

Posts:4168


10/03/2017 2:15 AM  
Check with your local City and / or County Ordinances. As others noted this is most likely where you will find the information.
GenoS
(Florida)

Posts:3040


10/03/2017 2:33 AM  
Posted By TimB4 on 10/03/2017 1:48 AM
So if I own a two bedroom home in your community, 2 adults, 2 children and my wife is pregnant with twins what happens when she gives birth?

I think such a situation would be covered under the fair housing act.

HUD believes that an occupancy of 2 persons per bedroom, as a general rule, is reasonable (see pg 7).

We allow 2 per BR plus one so we are more than reasonable. As much as I've wished someone like you (or several like you) lived in my HOA, Tim, ... you'd have to move. At the very least, we would try to enforce the limit.
TimB4
(Virginia)

Posts:16379


10/03/2017 3:29 AM  
problem is, their determination is not specific.
They use terms like large and small vs. actual square footage.

Hence, it would always be a case by case basis for any complaint filed with HUD.
MichelleK5
(New York)

Posts:161


10/06/2017 7:48 AM  
In NYC, the laws for apartments, and one and two bedroom homes are the same, and they're very convoluted.

But the gist of it is; one person per 80 sq ft. The 80 sq ft doesn't include bathrooms, foyers, hallways etc.

So if an apartment is 800 sq ft. you would subtract whatever the square footage of the bathroom and hallways is, let's say 100 sq
and then divide the 700 sq feet left into 80. That would allow up to 8 people. That's pretty crowded but perfectly legal here.

AugustinD


Posts:1750


10/06/2017 8:43 AM  
Posted By TimB4 on 10/03/2017 3:29 AM
Hence, it would always be a case by case basis for any complaint filed with HUD.




This site supports what TimB4 wrote: https://www.cnyc.com/code/newsletters/1996/1996-aut-crowding.htm
. Yet I think it is also important to note that HUD is at least as concerned about overcrowding and the negative effects this has on children. See for example Section 1 of the following HUD report: https://www.huduser.gov/publications/pdf/measuring_overcrowding_in_hsg.pdf .

As interested, see also
http://www.nmhc.org/uploadedFiles/Articles/External_Resources/Fair%20Housing%20White%20Paper%202016-03%20FINAL.pdf

http://petriepettit.com/blog/landlord-tenant/occupancy-standards-not-as-simple-as-2-persons-per-bedroom

and other sites on the web.

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