Section 1-A(3) - Definition of Family

Section 1-A(3) defines "immediate family member," which is a term used in the definition of Leasing. It is there to ensure exchanges from the Owner to a family member won't be considered "Leasing." Unfortunately, rather than referring to the FHA (HUD) definition of "family" (as most documents do), the restrictions include a more limited definition of family. Per the restrictions, an "immediate family member" is limited to "mother, father, daughter, son, sister, brother, grandmother, grandfather, grandson, and granddaughter." So you can't give up occupancy to your husband, wife, boyfriend, girlfriend, domestic partner, foster child, step-daughter, step-son, aunt, uncle, niece, nephew, or cousin or it might be deemed Leasing and Leasing for a term of less than 6 months is prohibited.

There is no reason to define a term that is already clearly defined under the law. When considering definitions in deed restrictions, basic drafting principles require that careful attention be given to all of the applicable definitions found in statutes to avoid ambiguity and/or contradictions. Restrictions can (and many argue should) be written so as to refer to these legal sources already in place. Governments and federal agencies have the funds and obligation to continually update terms and obligations in a changing society. Our HOA does not. And we cannot make changes if provisions are unclear or too restrictive without getting 66% of the neighborhood out to vote again in 5 years. Referring to laws, ordinances, and definitions already set forth by governing bodies, gives the HOA power to enforce those provisions (as opposed to waiting around for the city or state to do so). Provisions that go beyond the law, deprive homeowners of property rights. We maintain that property rights should never be sacrificed without good reason. It is unclear why the Board elected a much narrower definition of family than the industry standard.