In
our day and time we see many legal fights over the definition
“family.” Lots of lawsuits have been fought trying to
determine what “family residence” really means. And believe
me, after doing some research of
Florida
case law you will be even more confused. Many associations
trying to enforce their definition of the word “family”
found themselves on the pretty expensive -- losing --
end of the stick!
According
to Wikipedia, the word “family” (from Latin: familia) is a
group of people affiliated by consanguinity, affinity, or
co-residence. Nice explanation, but not really helpful when it
comes to determining who can really live in a “single-family
home.” You can be sure that religious groups have a different
definition of the word family than political groups – or just
neighbors..
Association
board members should be really careful trying to define the word
“family” when attempting to regulate who can occupy a home/unit.
In
a country where neighbors are permanently trying to tell their
neighbors how to live their lives, it is financially dangerous
to let emotions and religious beliefs be the decision-making
factors.
Wherever
you live, cities and counties have zoning ordinances that
determine how the area you live in is zoned. Most of you live in
areas that are zoned “single-family” or “multi-family”
residential. But the actual definition differs from county to
county, from city to city.
I
found this explanation on the Internet – an explanation I
think shows the actual problem of coming up with a specific
definition: “Any zoning
ordinance that attempts to restrict unrelated individuals from
living together must be able to clearly explain why a certain
number of unrelated people can't live together, define what the
law means by the terms unrelated and living together, and what
the penalties are.”
If
you look up city and/or county ordinances and the explanations,
you will see that they may totally differ.
St.
Johns
County
responds to the question: “How many people can live in a single family residence?”
by saying: “A single family residence can be occupied
by no more than three (3) unrelated persons.”
The
ordinance of the City
of
Daytona Beach
, just a little south of
St. Johns
County
, explains it much differently: “Use
of a single-family dwelling or a duplex unit in any residential
district shall be restricted to residential occupancy by one
family. No more than two unrelated persons may live in a rental
house.”
You
can see: Definitions vary and there is no clear-cut solution.
Instead
of using complicated methods for trying to limit the number of
occupants of a home or unit, you might rather consider a method
that, according to my research, has proven to be pretty
reliable. How about: Two persons per bedroom? That may not
necessarily be the solution you had in mind – or the solution
you like -- but it may be the wise regulation, a regulation that
can save your association lots of money.
And
in case you feel that too many – or the wrong kind of –
people occupy a home or a condo-unit, let code enforcement
officers make the decision. They are better equipped – and
better protected against lawsuits! Make your property taxes work
for you!
KISS
– meaning: Use the simple method. It may save you and your
community lots of money and avoid lots of headaches.
Don’t
forget: Many “regulations” are made by people with a “bias.”
And even the “best” regulations often don’t solve
problems as intended. I can tell you, I would rather live next
to a polite gay couple than next to a family – in the
traditional meaning of the word – where the father is a drunk,
screams obscenities and fires his gun to get the neighbors’
attention. I know a family living in a
St.
Augustine HOA that would definitely agree with me.
LIVE AND LET LIVE – FAMILY OR NOT!
