FAMILY DEFINED

Associations should be cautious about restricting occupancy of units to family members only. Many municipalities have adopted a broad definition of "family" to include unrelated persons. San Diego's definition is typical:

. . . two or more persons related through blood, marriage or legal adoption . . . or unrelated persons who jointly occupy and have equal access to all areas of a dwelling unit and who function together as an integrated economic unit. (San Diego Mun. Code, §113.0103)

Before taking action against occupants based on familial status, boards should seek legal counsel.

Updated by ADAMS KESSLER 9/6/2007