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Intrusive Family Regulations

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miamimarie

Junior Member
I live in Miami, Florida.

The condo association I live in wants to kick 28 occupants out of our community to lower water costs, improve parking, and generally lessen the population. The way they are doing this will be to follow a condo bylaw that was passed in 1991, which narowly defines single families that are able to live in the complex as spouses, their children, and servants. The Board is not caught up in the "spousal" thing, allowing gays and common law couples to occupy homes. But what this means is that in-laws, grandparents, aunts, uncles, etc, are going to be fined heavily unless they leave.

Can they do that? I am interested in the Supreme Court case of Moore V. East Cleveland, where this practice was deemd as "intrusive family regulations", but I believe that the ruling pertains to zoning.
 


HomeGuru

Senior Member
I live in Miami, Florida.

The condo association I live in wants to kick 28 occupants out of our community to lower water costs, improve parking, and generally lessen the population. The way they are doing this will be to follow a condo bylaw that was passed in 1991, which narowly defines single families that are able to live in the complex as spouses, their children, and servants. The Board is not caught up in the "spousal" thing, allowing gays and common law couples to occupy homes. But what this means is that in-laws, grandparents, aunts, uncles, etc, are going to be fined heavily unless they leave.

Can they do that? I am interested in the Supreme Court case of Moore V. East Cleveland, where this practice was deemd as "intrusive family regulations", but I believe that the ruling pertains to zoning.

**A: contact ACLU. I see a lawsuit waiting to happen here against the HOA.
 
I live in Miami, Florida.

The condo association I live in wants to kick 28 occupants out of our community to lower water costs, improve parking, and generally lessen the population. The way they are doing this will be to follow a condo bylaw that was passed in 1991, which narowly defines single families that are able to live in the complex as spouses, their children, and servants. The Board is not caught up in the "spousal" thing, allowing gays and common law couples to occupy homes. But what this means is that in-laws, grandparents, aunts, uncles, etc, are going to be fined heavily unless they leave.

Can they do that? I am interested in the Supreme Court case of Moore V. East Cleveland, where this practice was deemd as "intrusive family regulations", but I believe that the ruling pertains to zoning.

Generally, if the HOA hasn't enforced a rule for a period of time then the HOA may lose the right to enforce it going forward.
 

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