Q I have lived in a unit for the past three years. I am planning on having my
boyfriend move in with me in a few months. Are there any community or state
rules or regulations that will prevent this from happening? I own the unit but
would I have to let the management know he is living there?
—Settling In
A “There is no law that would prevent a boyfriend from occupying a unit as part of
a single household unit,” says attorney Ron Perl of the law firm of Hill Wallack, LLP in Princeton. “The governing documents of the association are not likely to contain a provision
that prohibits occupancy by a non-married couple, as opposed to a married
couple. The key is that the unit must remain a single family residence. The
association's restrictions are likely to prevent an owner from renting a room
(i.e. less than the entire unit) or creating a transient tenancy. Other
restrictions on rentals may exist. Also, in an age-restricted community, there
would be age-related occupancy qualifications. However the occupancy of a unit
by an unrelated couple is not barred by law, nor should the association
documents prohibit occupancy on that basis.”
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