HOA Prohibits &quot;Large Families&quot; My wife and I have found a vacant lot (this is in Utah, BTW) where we would like to build a house. However, the HOA that the lot belongs to does not allow more than four occupants, regardless of the size of the home. The CCR actually says (community name) is designed and intended to be for a specific lifestyle. Neither the Units nor the common areas are designed to accommodate large families. Permanent residents of (community name) shall be restricted and limited to families with no more than four person's related by blood, marriage, or adoption. Does the HOA actually have authority to enforce this? What happens if we build a house (with plenty of room), move in with our two kids, and then have another baby?
As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for &quot;housing for older persons&quot;, and the act &quot;does not limit the applicability of reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling&quot; (let's leave aside HOA restrictions for a moment). The number of occupants can legally be restricted in terms of a reasonable relation to a legitimate interest such as parking availability, safety, noise or securing the property. A restriction based on square footage or number of bedrooms might be reasonable: a blanket rule &quot;no more than 4 people&quot; is not reasonable. This article notes some of the state complication in interpreting &quot;marital status&quot;, in terms of &quot;not being married to each other&quot;.
Joint tenancy (as opposed to tenancy in common) would accomplish all of these goals. Joint tenancy gives each individual the absolute right to occupy the property (each person owns the whole property). If one dies the property automatically passes to the other joint tenant(s), which is known legally as the right of survivorship. The child(ren) could never force the parent(s) (other joint tenants) to vacate the property; on the inverse, however, the parent(s) could not deny the child(ren) the ability to also possess the property during their lives, if they so chose to do this. I am assuming if the children ran into hard times and needed to live there, it wouldn't be a problem, but this should be specifically addressed with the client. For a valid joint tenancy to be created, you would simply need to have: a. Unity of title: whereby the joint tenants must hold title to the property under one document (i.e., the title deeds); b. Unity of time: the joint tenancy must start and end on the same date for all the joint tenants (end date being the death of the final joint tenant, who will/should have passed through will/trust to an heir the title interest; c. Unity of possession: all joint tenants have equal rights to possess the whole property (as mentioned above, the children could occupy); d. and finally, Unity of interest: joint tenants must have equal interests in the whole of the property. This is the simplest way to do this while meeting all objectives.
I suspect that the statute in question may be Section 11-104(1)(F) of municipal ordinances of the Town of Bloomsburg, PA, a university town (home to Bloomberg University of Pennsylvania, a public college) that purports to have special need for regulation based upon the large number of student rentals in the town and apparently applies primarily to house rentals to students. (If not, the ordinance in question may be modeled on this one, or this one may be modeled on the ordinance in question.) This ordinance imposes the following duties on people who have been granted landlord licenses, which the town requires of most landlords renting to students (a landlord is called the "owner" in the ordinance): The owner shall maintain a current and accurate list of the occupants in each regulated rental unit or dormitory unit which shall include their name, permanent address and permanent telephone number which shall be available to the Town for inspection upon reasonable notice. The owner shall notify the Town of changes in the occupancy within 10 days of the change and shall provide the name of the person who is not longer residing in the premises in the event a person departs and the name, permanent address and permanent telephone number of new occupants in the event a new person is added. On its face, this is probably valid. There is not a constitutional right to keep your own contact information or address, or your tenant's identity. Indeed, very similar requirements are routinely imposed upon operators of hotels and motels. And, I strongly suspect that in Pennsylvania, that towns of any reasonable population have more or less plenary authority to adopt ordinances that aren't specifically prohibited by other state or federal laws or constitutions or the town charter. I do not believe that there are any federal statutes that prohibit a town from imposing such a requirement, barring extraordinary circumstances like a duty to cooperate with national security measures, witness protection programs, or a federal organized crime investigation that don't benefit the average tenant. The kind of privacy policy and privacy disclosure laws in place at the national level apply mostly to health and financial information (and far more in Europe), but not generally to legally mandated disclosures of landlords to local governments. The requirements of a privacy policy don't apply here. The main federal privacy laws and some of the most notable state privacy laws are: The Children's Online Privacy Protection Act (COPPA) which affects websites that knowingly collect information about or targeted at children under the age of 13. Any such websites must post a privacy policy and adhere to enumerated information-sharing restrictions COPPA includes a "safe harbor" provision to promote Industry self-regulation. The Gramm-Leach-Bliley Act requires institutions "significantly engaged" in financial activities give "clear, conspicuous, and accurate statements" of their information-sharing practices. The Act also restricts use and sharing of financial information. The Health Insurance Portability and Accountability Act (HIPAA) privacy rules requires notice in writing of the privacy practices of health care services, and this requirement also applies if the health service is electronic. The California Online Privacy Protection Act of 2003 – Business and Professions Code sections 22575-22579 requires "any commercial websites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site". Both Nebraska and Pennsylvania have laws treating misleading statements in privacy policies published on websites as deceptive or fraudulent business practices. But, most of these laws apply only to Internet sharing of information by private firms, and the Nebraska and Pennsylvania laws don't require anyone to actually have a privacy policy. Those laws certainly don't pre-empt local ordinances. There is at least one state law that should supply an exemption to this statute in Pennsylvania pertaining to confidentiality for domestic violence victims that should override contrary town ordinances. Address Confidentiality Program (ACP): Victims can get a legal substitute address (usually a post office box) to use in place of their physical address; this address can be used whenever an address is required by public agencies. First class mail sent to the substitute address is forwarded to the victim's actual address. Probably the most fruitful means by which an ordinance like this one could be challenged would be to argue that the true intent of the ordinances when adopted or as it has been subsequently applied, is to use it for a purpose that the town is not allowed to engage in, such as enforcing immigration laws, suppressing voting rights, imposing a de facto poll tax, or engaging in discrimination against a protected class in violation of state and federal fair housing laws. College students, however, the expressly stated and plausible target of the ordinance, are not generally a protected class under fair housing legislation. There are precedents upholding zoning regulations discriminating against households of "Dwelling units presently being used by three or more unrelated individuals" aimed at students and other kind of populations whom municipal busybodies often find to be undesirable against federal constitutional challenges. See, e.g., Moore v. East Cleveland, 431 U.S. 494 (1977) and Village of Belle Terre v. Boraas, 416 U.S. 1 (1974). California's courts have been more hostile to this kind of legislation. See, e.g. City of Santa Barbara v. Adamson, 27 Cal. 3d 125 (Cal. 1980) (an op-ed arguing that this was wrongly decided in the L.A. Times in 1990 is here), but that isn't very helpful in Pennsylvania, and California rather than Pennsylvania is the outlier nationally on this kind of issue. The general issue over free association and privacy rights in connection with housing and unrelated individuals is discussed in an up to date manner in a 2016 Florida Law Review article. Proving an improper purpose in an as applied or legislative intent based challenge to a facially neutral statute is very, very difficult in all but the most blatant cases (e.g. when town council members openly proclaim their improper purpose is that true purpose of the law). No doubt recognizing the possibility of such a challenge to the ordinance, this particular ordinance has a particularly lengthy and detailed legislative declaration regarding its purpose that no doubt is an effort to take a position that it has a proper purpose in the event of future litigation. This states: It is the purpose of this Part and the policy of the Town Council of the Town of Bloomsburg, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain dwelling units and dormitory units in the Town of Bloomsburg and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Town that owners, managers and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety and welfare. As means to those ends, this Part provides for a system of inspections, issuance and renewal of occupancy licenses and sets penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this Part, the Town of Bloomsburg makes the following findings: A. While the Town Council of the Town of Bloomsburg acknowledges the significant contribution that Bloomsburg University, its students, faculty and staff makes to the culture and economy of the Town of Bloomsburg, in recent years, adverse effects of student housing on residential neighborhoods have increased and there has been an increase in destructive student behavior that threatens the health, safety and welfare of the student citizens and non-student citizens of the Town of Bloomsburg. B. Accordingly, the Town Council of the Town of Bloomsburg makes the following findings relating to student housing and its effect on the residential neighborhoods of the Town of Bloomsburg and the effect of student lifestyles on the health, safety and welfare of the student citizens and non-student citizens of the Town of Bloomsburg: (1) When compared to other unrelated cohabitating individuals and traditional families, groups of students have different hours, work and social habits and frequently cause noise, disturbances and problems in residential neighborhoods. (2) There is a greater incidence of violations of various codes of the Town at residential properties where owners rent such property to students. (3) There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners rent such property to students than at owner-occupied residential properties, family-occupied residential rental properties or residential properties that are occupied by unrelated persons who are not students. (4) There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners rent to students than at owner-occupied residential properties, family-occupied residential rental properties or residential properties that are occupied by unrelated persons who are not students. (5) A concentration of student homes changes the character of a neighborhood from one with traditional family values to one that cannot maintain those and approximately 90% of the Town's student homes are concentrated in two areas of the Town which displaces middle and lower income housing by absorbing housing units and rendering the remaining units less desirable for more traditional residential use. (6) Since 1994, nine students have died as a result of fires in houses occupied by students; two students have died of alcohol overdose; one student has died as a result of exposure when he fell from a porch at a student party. (7) Since 1997, 155 reports of disruptive conduct under the Town's Regulated Rental Unit Occupancy Ordinance involving student behavior have been filed. (8) Since 1996, 73 prosecutions for unlawfully occupying premises while smoke or fire detectors were not operational have been filed against students. (9) Since 1998, 295 prosecutions for underage drinking have been filed against students and 11 prosecutions were filed against non-student residents of the Town of Bloomsburg. (10) Since 1998, 43 student parties have been raided where arrests were made for underage drinking and furnishing alcohol to minors. (11) There are sufficient differences between student housing and nonstudent housing and the behavior of students and non-student residents to justify different regulations for each class of resident. (12) Dwelling units presently being used by three or more unrelated individuals are being modified for occupancy by two students requiring the relocating of bearing walls and the modification of utilities, sanitation facilities, means of ingress and egress and smoke and fire detection systems. (13) Inspections of dwelling units occupied by two students have revealed little or no life protecting equipment in the dwelling units such as smoke and fire alarms and detectors and fire extinguishers, over-loaded electrical services, heating systems needing servicing and the use of supplemental heaters, all of which create a dangerous living environment. (14) There is a significant occurrence of disruptive behavior in dwelling units occupied by less than three unrelated students as compared to dwelling units that are occupied by owners, traditional families or unrelated persons who are not students. (15) Students who remain in the occupancy of the premises for periods of time after they are no longer students contribute to the above-described problems. (16) Because of the demand for student housing in the Town of Bloomsburg, developers have expressed interest in developing properties for use as dormitories where students live in rooms without fixed kitchen facilities. (17) Dormitory type uses are not covered by the Regulated Rental Unit Occupancy Ordinance which applies only to dwelling units. (18) The Town Council of the Town of Bloomsburg is desirous of providing the same protection and standards for students who reside in dormitories or dwelling units. (19) The Town Council of the Town of Bloomsburg is desirous of imposing the same responsibilities upon owners of dormitory units and dwelling units where students reside. (20) The Town Council of the Town of Bloomsburg finds that Bloomsburg University has sufficient resources and interest to properly manage dormitories owned by it and there is no need to regulate such dormitories. Even though it probably isn't inherently invalid, it is unusual, so it is likely to be challenged if someone can find an angle to do so. And, I suspect that its purposes are not as pure as those formally identified in the text of the ordinance. In conclusion, while I would totally hate to have an ordinance like that one in my town, it isn't obviously invalid and would probably survive a facial challenge in the absence of evidence that is was being applied in an illegally discriminatory manner.
A random example I found is 16 USC 363, which forbids anyone to own a bathhouse in Hot Springs National Park which has been granted a hot water supply, if they already own another bathhouse nearby. 42 USC 2061 says that the Atomic Energy Commission shall be the exclusive owner of all production facilities for special nuclear material (with certain exceptions), which effectively forbids any other person to own such a facility.
Every state requires at least two witnesses to a will unless it is entirely written in your own handwriting. A lawyer as a witness is fine. A spouse as a witness is not ideal as she would be an interested party if there was a dispute over whether it was executed. It may not be prohibited, but I would never do that in my practice ever. I discontinued a will signing just last week because we only had a lawyer and a spouse and not other witnesses. I would be somewhat concerned.
Because an owner cannot tell another owner what they can and can't do with their own property The quoted paragraph clearly sets out some of the things the leasehold arrangement allows: &quot;... set out the rights and responsibilities of the residents, such as funding the maintenance of the building and placing restrictions on antisocial behavior.&quot; When you own land, you own it; and no one can tell you what you can and can't do with it, not even your co-owners (governments excepted). Want to run chickens? Sure: it's your land. Spinal Tap your stereo to 11 at 2 am? Sure: it's your land. Become a hoarder? Sure, it's your land. When there's a single dwelling on the land, none of that is a problem. When there are multiple dwellings on the land, as in a block of flats (apartments for the Americans among us) then some of these are likely to be problematical. But they aren't problems the law cares about because you all own the property. Different common law jurisdictions have arrived at different solutions to this problem but the UK has particular difficulties because people have been owning land there for a long time. A lot longer than in the USA, Australia or New Zealand. This is quite an elegant solution: all the owners own the land but each of them have a lease over their own flat and that is a contract the law will enforce.
Disclosures are prescribed by state law. Fair housing, which is a federal concept, pertains to issues such as using prohibited personal facts to determine whether to accept an offer. (Hazardous materials disclosures are also mandated at the federal level, but are are included in state requirements which can get pretty broad). If you are buying in Washington state, RCW 64.06.020 says what and how you must disclose. The list of disclosures is very detailed, covering title and covenants, water, sewer, structure, systems and fixtures, environment, and mobile home related. The only one of the 86 questions about smoke is whether smoke alarms are present. Thus smell of smoke is not a legally material fact that must be disclosed, in this state. The California disclosures, even longer, are here, and there is likewise no "smells bad" disclosure. It is unlikely that any state in the US mandates such a disclosure, since it is somewhere between a subjective evaluation and a self-evident fact. Some people are very sensitive to certain smells while others do not care. The burden is on the buyer to pursue matters of personal concern (in writing!), such as whether any dog has been present in the house in the past 5 years (some people care). You have to look carefully at the response. "Don't know" is usually a safe bet, unless you actually have factual knowledge. From what I can determine, Massachussetts is on the opposite end of the spectrum from California. There are some requirements imposed on real estate agents, and there is the federal lead paint disclosure, but otherwise it appears that nothing is mandated by law. This form seems to be used by the real estate association, and there is a question about "history of smoke/fire damage to structure". The reasonable interpretation of that is "has the house caught fire and suffered damage", so "no" from a cigar-smoker would not be fraudulent. If the intent of the question were to reveal if someone has smoked frequently in the house, that would he the question they'd ask. You can check whether you have this form and see what it says, but "smoke damage" would not normally be interpreted as meaning "smells a bit funny".
A property owner can give you an easement for the air rights of their property, which can allow you to put your own structure over their property or prevent them from putting a structure over their property (depending on the terms of the easement). For instance, a railroad might sell the air rights to an urban rail yard to a private developer so that the developer can put buildings over top of the yard. A high-rise owner might buy an easement for a neighboring property that bans them from building above a certain height in order to keep the views from the high-rise unblocked. However, a property owner can't sell you rights that they themselves don't have. The US government has exclusive sovereignty over US airspace, and there's a public right of transit through navigable airspace (defined as airspace above minimum safe flight altitudes). While the traditional rule was that a property owner owned their land up to infinity, with the development of airplanes this rule has been changed to significantly limit the rights of property owners. The FAA doesn't limit how tall a property owner can build (although too-tall structures can be declared hazards to navigation, which can cause issues with planning boards or insurance companies). However, if there are no obstructions, the airspace above 500 feet in rural areas (in built-up areas it depends on local obstructions) is open for pilots to fly through. The only way to get obstruction-free airspace restricted is to try to get the FAA to issue a flight restriction. If you're trying to get large swaths of airspace restricted, this is extremely unlikely to happen.