The term “single family” has been interpreted to mean multiple if not numerous things.  In fact, the term may encompass a group of unrelated individuals living as a single household unit. Similarly, a religious group may qualify as a single family.  As such, the term is not even necessarily limited to an individual and his or her significant other. Consequently, single family restrictions within associations’ governing documents may have little or no teeth with which to restrict who and/or how many individuals can reside within a unit. In fact, this development has severely, if not completely, undermined the ability of associations to use the “single family” use restriction(s) found within their documents to prohibit a multitude of activities.

Given the above, other provisions and terms within an association’s governing documents need to properly and expressly delineate the limitation(s) sought to be enforced. Accordingly, if an association’s governing documents fail to properly provide such limitation(s), the association should consider appropriate amendments to meet the needs of the community. As part and parcel thereto, to the extent an association wants to limit the number of permanent residents within a unit, consider implementing an “occupancy restriction” limiting the number of permanent residents/occupants.

The number of permanent residents/occupants may be able to be tied to the number of bedrooms (e.g., not more than two permanent residents/occupants per bedroom). Conversely, the association may be able to specify the maximum number of permanent residents/occupants per unit.  Additionally, the declaration and/or amendments thereto may be able to specify and/or limit the duration that guests (i.e., non-permanent residents/occupants) can reside within a unit.

Given the above, associations ostensibly have the ability to regulate occupancy. However, the association’s declaration (and/or amendments thereto) need to specifically, expressly and clearly delineate the limitations and prohibitions which most governing documents fail to accomplish. Therefore, if your association is considering amendment(s), please endeavor to ensure that they are properly crafted to provide the association with language that the court should accept.