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Old 08-16-2018, 08:31 AM
 
50 posts, read 43,048 times
Reputation: 41

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Hello,
Perhaps in this dedicated real estate section, you all can share what actually mean by home occupancy restrictions? Example: like is this a law or just guideline?
Some points i want to know for sure:
1. If it is a law, where I can find to read official document that mention these occupancy restrictions law?
2. Is this occupancy restrictions only apply to apt/ condo and not for single/ multi family house?
3. Is this occupancy restrictions only apply for rental purpose? mean if you own it, it doesn't have occupancy restrictions whether it is an apt/condo or single/ multi family house?

I ask these questions, just after some my colleagues said:
1. There is no occupancy restrictions if you own it. Even it is a condo/ apt, as long as not create extra, noise, litter, etc, the condo/ apt management have no base to set rule occupancy restrictions for the owner to stay how many people.
2. For comparison, it is common in single family house of 3 bedrooms, it occupied by 7-9 person(grand parent, parent and 3-5 teenager kids). There for, it would be a discrimination if single house have no occupancy restrictions but condo/ apt have

Thanks in advance for your time and information.
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Old 08-16-2018, 08:36 AM
 
Location: Just south of Denver since 1989
11,825 posts, read 34,420,440 times
Reputation: 8970
Likely local. Where are you talking about?
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Old 08-16-2018, 08:39 AM
 
Location: On the Chesapeake
45,328 posts, read 60,500,026 times
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All that will be local.

Some jurisdictions will have occupancy limits on rentals based on one or another livability code, which would likely be adopted as an ordinance, so a law. Those limits will be based on gross sq. ft./occupant (a typical number will be 250 gross sq. ft./occupant) and bedroom size (minimum 100 sq. ft. for the first occupant with an additional 50 sq. ft. for each additional occupant is a common requirement).

Generally speaking occupancy limits don't apply to owner occupied residences although HOAs/COAs/etc. may have limits embedded in their CCRs.
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Old 08-16-2018, 08:47 AM
 
Location: Wisconsin
19,480 posts, read 25,132,491 times
Reputation: 51118
There are unusually local restrictions/rules. Often they are only enforced for rental property, but I have seen them used for houses that were owned in egregious situations. (I believe that there were 16 or 18 people, about half adults, living in a three or four bedroom house in my home town, and the city got involved and made some people move out or fined them or something).
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Old 08-16-2018, 09:11 AM
 
3,607 posts, read 7,915,344 times
Reputation: 9180
Restrictions are local AND maybe specific to a particular HOA.

HOA-specific restrictions can be legal but also difficult or impossible to enforce.

Not sure why you are asking this- but- expected to be shunned by neighbors and/ or harassed by code enforcement if you go this route.
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Old 08-16-2018, 10:30 AM
 
50 posts, read 43,048 times
Reputation: 41
Hello,
Thanks for all information.
I plan to move and buy 1 bedroom condo/ apt at suburb of Boston-MA.
From what I search, the price different between 1 and 2 bedroom is quite significant compare 2 and 3 bedroom condo/ apt.
I have 2 kids(middle school). Since out budget is tight, my kids busy with many after school activity(music, sport, etc), we are all love outdoor activity during weekend(winter/ summer), so maybe 1 bedroom condo/ apt is my best option for now.
So... when I need buy 1 bedroom condo/ apt, is it legal if the management is not approve because they know the unit will be occupied by 4 person?
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Old 08-16-2018, 10:33 AM
 
Location: Oak Bowery
2,873 posts, read 2,059,052 times
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You might be fine but as your kids age, I suspect they'll want more privacy. Four people in a single bedroom will likely get tougher in the very near future.
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Old 08-16-2018, 10:42 AM
 
5,114 posts, read 6,084,776 times
Reputation: 7184
Quote:
Originally Posted by hope2settle View Post
Hello,
Thanks for all information.
I plan to move and buy 1 bedroom condo/ apt at suburb of Boston-MA.
From what I search, the price different between 1 and 2 bedroom is quite significant compare 2 and 3 bedroom condo/ apt.
I have 2 kids(middle school). Since out budget is tight, my kids busy with many after school activity(music, sport, etc), we are all love outdoor activity during weekend(winter/ summer), so maybe 1 bedroom condo/ apt is my best option for now.
So... when I need buy 1 bedroom condo/ apt, is it legal if the management is not approve because they know the unit will be occupied by 4 person?

Some jurisdictions have restrictions on the ages of children of the opposite sex that can occupy the same bedroom. Even if that isn't a problem in your case I think you will have trouble getting a 1 bedroom for 3 people. I suspect the Condo association will have rules about it. That would be a reason why they are so much cheaper than 2 bedroom units.
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Old 08-16-2018, 10:47 AM
 
1,663 posts, read 1,577,960 times
Reputation: 3348
Quote:
Originally Posted by hope2settle View Post
Hello,
Thanks for all information.
I plan to move and buy 1 bedroom condo/ apt at suburb of Boston-MA.
From what I search, the price different between 1 and 2 bedroom is quite significant compare 2 and 3 bedroom condo/ apt.
I have 2 kids(middle school). Since out budget is tight, my kids busy with many after school activity(music, sport, etc), we are all love outdoor activity during weekend(winter/ summer), so maybe 1 bedroom condo/ apt is my best option for now.
So... when I need buy 1 bedroom condo/ apt, is it legal if the management is not approve because they know the unit will be occupied by 4 person?
Yes. It is legal for the management company to hold you in violation of their CCR’s.
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Old 08-16-2018, 11:12 AM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18776
Google the jurisdiction name + occupancy laws.

For instance here are mine:

Occupancy and Overcrowding

Which applies to all residences whether tenant occupied or owner occupied.

And RoamingTX is correct - if the CCR's have an occupancy restriction, you will have to abide by those. Read them carefully before proceeding.
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