Can an HOA limit the number of people living in a property?

Yes, an HOA in California can limit the number of people living in a property. This is established by the California Civil Code which states that an HOA may place reasonable restrictions on the occupancy of a dwelling. Generally, this refers to a maximum number of “family” members who are allowed to live in a property. This maximum number is typically established by the HOA as a part of their regulations in order to protect property values and enforce safety standards. The determination of exactly who and how many people are allowed to reside in a dwelling is usually outlined in the governing rules of the HOA. These rules typically outline the total number of people allowed in a dwelling, the number of bedrooms, the minimum age of occupants, the maximum occupancy of common areas, and other occupancy restrictions. The enforcement of such rules and regulations is typically left up to the board of directors of the HOA, who can issue fines or other penalties to those who violate the occupancy limits. In addition, HOAs may also allow for case-by-case exceptions to the occupancy limits as long as the requested exception does not affect the safety, health, or welfare of other residents.

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