Definition of single family residential use?

Question

I'm considering buying a condo in Lake Tahoe. The CC&R contains the phrase that the use of individual Lots in the properties is hereby restricted to Single Family Residential Use. In no event shall a residence be occupied by more individuals than permitted by applicable zoning laws or governmental regulations.

Does this mean I cannot use the condo in a vacation rental program? Aren't a lot of single family homes in Tahoe in vacation rental program? Does it mean that I cannot put more people than allowed in the zoning law or that I cannot rent it out at all as a vacation rental?

Thanks

Keith

Answer 1

Single family residential (SFR) is typically defined in many zoning codes as a single dwelling unit (a single household) per parcel. The phrase in the CC&R is aimed at any property owner wishing to develop a parcel within that zone, not the dweller or homeowner. In other words, the SFR zone does not permit the development of apartments or multi-family residences. However, since condos are legally defined as single dwelling residences, they are legal to develop in this zone.

Generally you should be able to rent out your condo unless the city's zoning code prohibits or restricts "vacation rental" uses in that zone. To check, look in the "Permitted Uses" section of the zoning code that your condo is located in (probably SFR1, SFR2-3). Or just call the city and ask a planner.

Answer 2

Residential Definition

Answer 3

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RE:
Definition of single family residential use?
I'm considering buying a condo in Lake Tahoe. The CC&R contains the phrase that the use of individual Lots in the properties is hereby restricted to Single Family Residential Use. In no event shall a residence be occupied by more individuals than permitted by applicable zoning laws or...

Answer 4

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All communities are zoned for various uses. These include: agricultural, residential (R1-single family, R2- duplexes or Multiple Family- 4 units or more), commercial and industrial (light or heavy). Areas that are zoned non-residential usually prevents the property from being developed for new home construction. Sometimes a city will change it's zoning to accommodate new developers by changing a zone or providing a variance for a particular property. Hope that helps. Jim

Answer 5

If the CC&R says residential use ,
Then the regular homeowners may have objections to the transient population that is in vacation rentals .

There are often large student groups or noisy parties and parking issues with vacation rentals .

Some vacation rental owners are very selective so they do NOT have those problems ,
But if you screw up and rent to a bunch of boozing frats ,
I would expect a notice from the board for violations after the regular owners complain .

And , yes , rental to a frat during break would violate the 'single family' concept .

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Answer 6

Yes, that is EXACTLY what that means.

You can't rent it at all, and this is becoming a more and more common on condos that are located in resort areas. It is legal to do so, as long as they have it in the original agreement.

The reasoning behind it, is lets say a substantial number of 'absentee' owners do what you do. You have people staying there that have ZERO interest in maintaining the quiet integrity of the property b/c it's just a glorified hotel for them. This DIRECTLY leads to negative property values.

It can also prevent you from selling a property. When I used to underwrite loan in Myrtle Beach, Wilmington, and other East Coast areas, if the "condo-questionaire" revealed more than a certain percentage was owned by investors, the loan was DENIED. Again, negative property values was the reason behind the decision.

The above posters that say that you can rent it, are incorrect. I used to live in a condo years ago that had a similar restriction, and it was a $500 fine PER WEEK if it was discovered to be a rental. It had to be either vacant and on the market, or the owners living there...period.

Some HOA's even go as to so far as to discourage "flippers" by barring you from selling the property for as long as 18 months after closing. Again, 100% legal.

You'll have to check with your local zoning, but it usually reads somethng like you can't have more than so many people living in a condo that are unrelated, per the number of bedrooms. That prevents the condo from doubling as a crash pad and a clown car.

You are probably thinking, how will they know? Trust me, neighbors will, and if they report you, either you will be required to provide proof you are living in the unit or the HOA can force you to sell, and fine you if you misrepresented facts when you purchased.

Answer 7

You're right. No "temporary" housing basically. You could rent it on a yearly or six month basis, but not weekly. The CC&R apprears to be written to specifically prevent that. It also means you can't pack people inside. So figure about 2 people per bedroom and that probably matches the zoning code without doing the research. A lot of homes may be like that, but it appears this condo association isn't like that.

On a board of directors in an HOA, so I've dealt with this before.

Now, if you were to go on a vacation and have people "stay and watch" your house while you were gone....well, if you think you can get away with it....but it's not really fair to the neighbors. And once one starts, they all eventually become rentals and the place starts to fall apart because there are no permanant full time residents who really care.

Answer 8

With such a large amount of money at stake I would confirm any interpretation I received with the condo board. As long as there are not restrictions on condo rentals, you should be able to rent it out as a vacation property.

Answer 9

there should be a state real estate code guide there. use google and chk it out. if its like my state your ok to rent it out