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Subject: Is there a convenant that can keep too many people from living in a home
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07/20/2006 7:28 AM  
I am new to the board and we have just had a house sell and the new owners are allowing many family members to live in the home. Cousins, brother-in-law, etc. and more famliy is on the way from Mexico. Our neighborhood is comprised of single family homes and we are not at all a controlling homeowners association. Our concern is that this one house will end up with many families living in this house. Is there a way to amend the covenants to specify that only one family or two families can live in the house? We really don't care if Grandma moves in our your sister who is recently divorced and her kids moves in. We just don't want a home in our neighborhood that is housing a family or more in each bedroom. Any suggestions on how to word something like this etc?


07/20/2006 8:10 AM  
In Florida, there is a law that allows up to two occupants per bedroom. Hence, a three bedroom home should have a max. of six occupants. We'd call code enforcement otherwise.


07/20/2006 8:53 AM  
A number of counties in the Atlanta area are starting to institute ordinaces related to this issue. One county did the two persons per bedroom rule and people are changing other rooms into bedrooms, or creating bedrooms out of large living areas, to get around the rule. Some college towns have limited the number of un-related people living in a home in relation to the number of kitchens to avoid fraternity homes.

You can always create a rule and have it voted to amend your covenants. Otherwise, see if there is any local ordinance you can use.

What is your concern in this matter? We have a few homes that have a number of people living in them. Sometimes there is an excess number of cars in the driveway/street but other than that, we do not have problems that affect the community or value of the homes overall.

This is something you will want to research and think carefully about.


07/20/2006 1:03 PM  
Just remember they have rights also. If you change the rules fine; however, those not within your new rules should be grandfathered in. Just deal with it. If you read the "single family" legal definition and state rulings they have not be ruled on favorable in court. They hold very little water.


07/20/2006 2:00 PM  
Most immigrants share homes. That is the only way they can get established or get ahead. We have a Chinese family on our street that has multiple family members and more that come and go. We have a native American family across the street from us, who harbor grandchildren to attend our local school, and also from time to time have many, many family members stay with them when in town. Neither family actually bothers anyone. But of course, that many people requires a lot of vehicles, so the only recourse there is is to cite them for parking violations when it occurs. This might be your best bet. I don't know how many owners would vote for changing the CC&Rs to restrict xxxx number of bodies to a house - because no one knows what their own situation may be down the road. And of course if your local political jurisdiction has residency restrictions by all means let them be the bad guy and enforce their rules. Just monitor your existing rules and if they violate them, cite them. Harold


07/20/2006 2:20 PM  
Read your Declarations closely, if your attorney did their job it may already be in them. If not your local Zoning Commission or Board of Health can be your friend. While you should have an attorney write the amendment for you to make sure it's legal, here’s how ours read:

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.

Studies show that 5 out of 4 people have problems with fractions


07/21/2006 7:18 AM  
We have a similar situation in our neighborhood. An owner rented his home to a corporation and they house workers there. They bring people in to work and put them in the house during their work period.
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Forums > Homeowner Association > HOA Discussions > Is there a convenant that can keep too many people from living in a home

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