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Subject: Use of temporary structures as residence
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Author Messages
RayN
(Texas)

Posts:3


06/17/2019 5:52 AM  
Our CCRs state that no structures of a temporary character, mobile home, camper,trailer,tent , shack, garage, barn, or other out building be used as a residence. We have a member with a 24x30 wood framed and sided on concrete slab typical garage with overhead door detached from main house. He had modified interior to provide bathroom and living space for daughters family while they build on a lot adjoining his. Time to build new home approx 1 year. Some members feel he is in violation and some feel he is in compliance as guest quarters are allowed. Thanks
NpS
(Pennsylvania)

Posts:3841


06/17/2019 6:57 AM  
Hi Ray
What do your rules on guest quarters say?

Sikubali jukumu. Read all posts at your own risk.
RayN
(Texas)

Posts:3


06/17/2019 8:27 AM  
Thanks, Essentially no detail other than up to two guest quarters allowed, Ray
FredS7
(Arizona)

Posts:916


06/17/2019 8:43 AM  
Well this is quite a poser.

I could argue it either way. Which means a lawyer could argue it either way, and maybe other ways I haven't thought of.

Unless there is more language OP hasn't quoted this could turn into a multi-year lawsuit.

DouglasK1
(Florida)

Posts:1466


06/17/2019 9:33 AM  
Posted By RayN on 06/17/2019 5:52 AM
Our CCRs state that no structures of a temporary character, mobile home, camper,trailer,tent , shack, garage, barn, or other out building be used as a residence. We have a member with a 24x30 wood framed and sided on concrete slab typical garage with overhead door detached from main house. He had modified interior to provide bathroom and living space for daughters family while they build on a lot adjoining his. Time to build new home approx 1 year. Some members feel he is in violation and some feel he is in compliance as guest quarters are allowed. Thanks


The wording above seems ambiguous to me and hinges on whether "temporary" applies to "other out building". My take would be that it does, so since the garage is not temporary, the restriction would not apply. Since "guest quarters" would also probably be an "out building", it seems that permanent out buildings are not prohibited from being used as residences.

Personally, I would leave this alone. If this was pursued as a violation and the owners took it to court, as Fred said, it could cost many thousands to litigate. A local attorney could review the docs and give you a better picture of the likely outcome of a lawsuit based on local law and case than we can here.


Escaped former treasurer and director of a self managed association.
RayN
(Texas)

Posts:3


06/17/2019 10:03 AM  
Thanks much for help and I agree that the temporary character clause of garage is confusing as there are different types of garages. This garage is a permanent structure and while the member did not ask for approval for interior mods, I feel he is within rights for establishing guest quarters for family for maybe 1 year plus or minus while new home is built next door. Really appreciate feedback! Ray
RoyalP


Posts:0


06/27/2019 7:32 AM  
i believe there exists a: temporary use of a permanent structure


by the time all motions / petitions are filed and recorded said use will have ended



sheez, have y'all NOTHING better to do with your time
CathyA3
(Ohio)

Posts:494


06/27/2019 8:38 AM  
Being pragmatic, this problem is going to resolve itself in a year, so may not be worth fighting over.

Do the CC&Rs have any kind of language prohibiting the conversion of garages to living space? That sort of restriction is common in condo or townhouse communities, and if so then the conversion is clearly a violation. What about local zoning laws? I assume the owner of the garage had to get the necessary permits for the work, but some folks do neglect this step.
DouglasK1
(Florida)

Posts:1466


06/27/2019 9:08 PM  
Posted By RoyalP on 06/27/2019 7:32 AM
i believe there exists a: temporary use of a permanent structure


If you want to take it to the extreme, virtually all uses and all structures are temporary, in a hundred or two years, most will be gone.

Escaped former treasurer and director of a self managed association.
MarkM31
(Washington)

Posts:478


06/27/2019 9:53 PM  
The building when built was probably built and permitted as a garage. The use as a domicile is a non-allowed use for code and zoning purposes. This is distinct and different than the shack question
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