Can HOA restrict occupancy to "single family residence" if two unrelated people choose to live together?

Asked over 4 years ago - Jupiter, FL

The HOA recently defined "single family" to be: parent, sibling, spouse, significant other, life partner, son, daughter, son-in-law, daughter-in-law, and grandchild. The HOA docs also state "single family" constitutes no more than 2 adults unrelated by blood, marriage or adoption. If a single person wants companionship the HOA requires them to declare the person as a "significant other" or "life partner". Otherwise, the HOA does not permit them as a resident unless a rental lease is submitted along with numerous fees. Palm Beach County Fair housing protects discrimination against marital status and Lawrence v Texas protects privacy rights of unmarried people. Can HOA ask these questions? Can single person choose to live with someone they deem appropriate without interference from HOA?

Attorney answers (1)

  1. Linda Friedman Ramirez

    Contributor Level 14

    Answered . Did the HOA amend the HOA bylaws or just issue some type of rule?

    You might need to consult an attorney who is familiar with HOA law in Florida, if you anticipate this issue will impact you or you otherwise want to challenge the HOA's action.

    You could also contact the ACLU Florida to see if they are familiar with this issue. I have included a link below. Good luck to you.

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