A home in our single family community has a separate apartment, with a separate entrance from the primary home. Is this use a breach of our "single-family" covenant and is it also a zoning violation?

The use of a home for two residences may not be allowed under the Declaration. Whether there is a violation depends on the provisions in the Declaration. If your Declaration is not clear, your association's attorney should be contacted to find out if the use is permitted or restricted under the declaration.

If the use is permitted, the association should still check local (City or County) land use ordinances. The declaration may be less restrictive than local ordinances. If local ordinances do not allow two residences at one home, the owners must comply with the local ordinance or obtain a variance from local government. If the association desires the owner to comply with local land use ordinances, the association should contact local government and request enforcement of its ordinances.

If the uses are not allowed under the declaration, then enforcement of the covenants should be considered by the board. Click here for our article about association enforcement options.

Community Essentials - June 2004