Wednesday, February 10, 2010

Does anyone know the true definition of the words ';multi-family'; housing, in reference to a covenant ?

A property deed says this in its covenants: No further sub-division,


No mobile homes, No multi-family housing.


I'm looking for clarification of multi-family.Does anyone know the true definition of the words ';multi-family'; housing, in reference to a covenant ?
';Multi family housing'; referenced in a covenant refers to the type of structure, not the persons whom reside in the structure.





Multi family generally means any building with more than one distinct residence. Examples are duplexes, apartment buildings, etc. Some states define multi-family as being five or more units per building.





As long as the particular building is designed for one household, it is not multi-family, even if there are five generations of persons living therein.





The only thing that covenant means is that you cannot build a multi-unit apartment on your property.Does anyone know the true definition of the words ';multi-family'; housing, in reference to a covenant ?
You are speaking of deed restrictions relative to what can be built on the land. In that regard 'multi-family' means no structures which are designed for more than one family can be built. No duplexes, triplexes, or apartments.





If the people about which you complain are living in a single family household, there is nothing you can do about THAT. The covenant only restricts what can be built, not how many humans can live in what is built.
They mean no splitting up of the building into different units to rent to different people. A multifamily property typically requires different zoning and different insurance than single-family housing. A multifamily property will have: (1) multiple residents, each with their own title or lease; (2) private areas that are the personal space of each resident into which no one else has right of access; (3) separate entrances for each resident; (4) probably there are common areas that all residents have the right to use. Those are some things that distinguish multifamily.
The town hall might not know. The fire department and the building department can help you.





But it is easy, it is parents and children. Your husband, your parents, your children all count as ';one';, anything else, even your brother, is more then 1.





You should also receive further clarification from your HOA, since this is a covenant, they may include renting to anyone, which would mean even mom can't move in if she is going to give you any money.
Multi-family means accommodations for more than one family. It could be a duplex, triplex, etc.





You need to check with the planning dept. Some areas permit in-law apts. or accessory dwelling units in single-family zoning. Whether these would be prohibited by the covenants would be a matter for a real estate attorney to advise.
No housing for more than one family per tax lot. No duplex's, four plex's, or even more than one family living in a single house.





So if someone builds an apt. building, or even lets his brother's family move in with him, he is in violation.
check state law


generally precludes two flats or coach houses, but permits inlaws


generally housing for more than one family unit, with separate entrances and exits

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