Does the board of directors have any control over the number of individuals living in single-family zoned residences?

Although association-adopted occupancy restrictions are not automatically unlawful, such restrictions are often found to be a violation of fair housing laws. The Fair Housing Amendments Act (FHAA) prohibits discriminations against families with children, and oftentimes occupancy restrictions do exactly that. For example, adopting a covenant or rule defining the term "family" has been found to be a violation of the FHAA. Furthermore, the city or county where the community is located will likely have ordinances that set limitations on occupancy. Many ordinances follow the federal guidelines on occupancy, which in most instances, allow two persons per bedroom. An association may not adopt any occupancy limits that violate such ordinances or federal guidelines, however, in most instances, adopting a two person per bedroom standard will not be considered discriminatory. We recommend an association consult its legal counsel prior to enforcing occupancy limits and make sure these limits are in compliance with all applicable laws. Alternatively, an association may choose to enforce occupancy restrictions by reporting violators (of local occupancy standards) to the appropriate municipality and allow the municipality to initiate enforcement and its occupancy standards.

Community Essentials - August 2004