Use Restrictions - "Occupy"

[MABOAT]

What is the name of your state (only U.S. law)? SC

The HOA that we have a home in has "USE RESTRICTIONS" listed in the By Laws. One of the USE RESTRICTIONS is:

No Unit shall be occupied by more than eight (8) people at any one time.

Does this mean no more than 8 people can "live" in the home? Or no more than 8 people can physically "be" in the home?

Does this mean that a homeowner may not invite friends for the weekend if that allows more than 8 people in the home?

Does this mean you can not rent out your home to more than 8 people?

REALLY the question is.... what does occupy actually mean?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? SC

The HOA that we have a home in has "USE RESTRICTIONS" listed in the By Laws. One of the USE RESTRICTIONS is:

No Unit shall be occupied by more than eight (8) people at any one time.

Does this mean no more than 8 people can "live" in the home? Or no more than 8 people can physically "be" in the home?


**A: the intent of the writer was no more than 8 people can permanently reside in the subject property. So one can have parties of more than 8 people.


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Does this mean that a homeowner may not invite friends for the weekend if that allows more than 8 people in the home?

Does this mean you can not rent out your home to more than 8 people?

REALLY the question is.... what does occupy actually mean?What is the name of your state (only U.S. law)?

**A: if you provide more info we can better help you. Do you have a specific circumstance?

 

[MABOAT]

The homeowners just took over the HOA from the developer. Everyone is trying to interpret the Use Restrictions. These homes are on a lake and are typically used by owners/renters on the weekends.

I am an owner and my children bring friends just about every weekend. There have been plenty of times that we will have 10-12 people at our house for the weekend.

 

[latigo]

If "residing in" were intended, it would read "residing in"!

If it meant, “permanently occupied, it would read "permanently occupied"!

If I owned an adjoining property, I sure as hell would not appreciate my neighbor having a flock of teenagers around every weekend! Even eight.

The purpose and spirit of the restriction seems quite clear. You read it before acquiring the property, so live by it and show some respect for the other property owners.

 

[MABOAT]

If I owned an adjoining property, I sure as hell would not appreciate my neighbor having a flock of teenagers around every weekend! Even eight.
??? Glad you don't!

The purpose and spirit of the restriction seems quite clear. You read it before acquiring the property, so live by it and show some respect for the other property owners.
Hmmm... my nieghbors and I get along just fine. There are no complaints and the question was simply to understand the Rule because ... we all love kids/friends and every single one of my neighbors "respectfully" (including me) have plenty of friends & family over on weekends

 

[MABOAT]

HomeGuru

Per specific instances....

The By Laws have several "use" restrictions and as is human nature people will interpret them to suit their needs. There are some restrictions that are not being followed - no need to get advice on those items.

There are some restrictions we do not understand and need help with what they mean. No one really understands why we could only have 8 people at our home. If you are correct then it makes more sense that only 8 people are allowed to take up residence. We were laughing about how family members would have to take shifts eating so that there were no more than 8 in the house at one time.

Another one - Quiet Enjoyment. No noxious or offensive activity shall be carried on within the subdivision, nor shall anything be done which is or may be become a nuisance or annoyance to residents within the Subdivision.

This is a hot button item. The homes were built fairly close together - some only 20' away. In the evening would bright outdoor lights be considered a nuisance? If a neighbor can not enjoy sitting on their deck because of loud conversations, bright lights, loud music.... what is considered reasonable for "Quiet Enjoyment"

From what I have heard from neighbors the problem with quiet enjoyment usually comes from the younger weekend renters.

I would really appreciate your comments on the Quiet Enjoyment use restriction.

 

[FarmerJ]

If these homes are on a private but shared community septic system it would have been designed to cover only so many bodies per structure. My take is that this line means just as it says >>No Unit shall be occupied by more than eight (8) people at any one time.<< at any one time I see as a total limit at any time of day, night , etc meaning your limited on the number of guest too. If this is truly about the septic system then I can tell you the only other option you might have IF its permitted is to rent a plastic outhouse and have it sited at the back of the property out of sight! if its a community septic system with multiple homes on it ask the HOA in writting if you can bring in a plastic outhouse parked in the back , the worst they will say is NO if they are able to back it up via written restrictions.

 

[MABOAT]

Interesting that you brought Septic up. I am told by DHEC that every home has it's own drain field.

I will meet with DHEC on Friday to go over the drainfields/septic pump systems.

The dhec guy I spoke with designed our drainfield system so I will ask him a few questions about how many people... on a daily basis vs a weekend basis will impact our fields.

Thank you. I had not thought of that question.