Crowd Control Mulitple Occupants Create Many Problems

 Out of nowhere, someone is regularly using the parking space you have had for  years. And strangers are appearing regularly in your building’s hallways, though you’re not sure where they belong or if they should even be there. Strangely, you  hear children crying at all hours, though your community doesn’t allow kids under 16 to live there.  

 But who’s the culprit? It’s hard to tell, because unbeknownst to you, one of your neighbors recently moved  several members of his extended family into his condo unit. Now, your quality of life is rapidly eroding, but it needn’t be so.  

 Packing Them In

 There are many reasons why a condo owner could have multiple people living in  his or her unit; perhaps a child (or adult children with kids) has moved back  home because of unemployment or divorce. Maybe other extended family members  need a place to stay for a while because of illness or other unforeseen  circumstances.  

 If an adult child moves home and stays in a spare room, it’s often not really anybody's business outside of that household. But if a condo  unit is hosting more people than were intended to live there, it can become a  concern for neighbors and for condo/HOA administrators.  

 Overcrowding can be hazardous and unhealthy if it gets out of hand or goes on  too long. These crowding scenarios also can lead to security issues that aren’t necessarily easy to untangle. Ideally, all residents know the rules of their  community and understand the limits on numbers of residents per apartment. Of  course, people don’t always obey the community’s rules, which is why it’s up to boards and property managers to prevent and address this issue in their  communities.  

 Some scenarios that can lead to larger numbers of occupants in a condo unit  include a family member’s unemployment, extended families living together due to hardships, and other  difficult situations. These could range from extended family members moving in  due to age or infirmity, an owner renting out individual rooms in the  condominium unit, or an owner having several regular overnight guests.  

 “In this economy, families have had to go to extremes to meet their bills,” Monroe-based RCP Management President Mary Faith Nugiel, CPM. AMS, says. “If the family breadwinner is suddenly out of work or has had to accept a lower  salary, some families have chosen to cut corners by combining their living  space with extended family members. It is not uncommon to see parents living  with their adult children and their grandchildren. Often, the homes in an  association have one to three bedrooms, not enough for two combined families,” Nugiel says.  

 “Some of the possible scenarios that lead to overcrowding are really no different  than regular one-family homes,” says Stephen Elbaz, president of Esquire Management Corporation, a full service  property management company in New York and New Jersey. “A person who has a small apartment gets married and has children. That’s one possible scenario. A lot of buildings have a high population of immigrant  residents, their relatives come from overseas. And until those relatives get  established and set up jobs and apartments of their own, they go into the  apartments.”  

 Of those scenarios, some may be more acceptable to condo boards (and neighbors)  than others, depending upon the community.  

 “It is very difficult to remove families from their homes,” Nugiel says. “While the condo board looks to maintain balance in the community, there may be  times when the board takes a closer look. If there are too many occupants in a  home, the board may simply choose to keep an eye on things if the occupants are  good neighbors and residents. If, on the other hand, too many people in a home  begin to cause problems for the association, such as too much noise, the board  may choose to speak to the local authorities.”  

 Local municipalities usually have occupancy restrictions that are determined by  the square footage in the unit. But often, a condo or co-op community’s occupancy restrictions are written into the condominium’s governing documents.  

 Legal occupancy limits are determined for a dwelling unit with two ends in mind:  To comply with existing occupancy restrictions of the municipality in which the  community is based, and to fit the needs of the co-op/condo community’s residents. These limits differ among municipalities, since some urban municipalities may  allow higher numbers of people living in smaller units, and some suburban  communities may have stricter regulations on how many folks can live in a condo  unit or apartment.  

 Condos and HOAs can impose occupancy limits that differ from the city or town's  limits, as long as they comply with existing laws. Which means boards of such  communities can choose to be stricter about how many people can live in a unit  than the municipal law stipulates. Generally speaking, municipal laws state  that no more than two people can live in a one-bedroom apartment, and no more  than four people can live in a two-bedroom apartment; i.e., two people per  bedroom, tops.  

 Minding Safety Issues

 Various safety concerns can arise when an apartment unit or townhome is housing  more than the legal number of occupants. To start, the presence of undocumented  strangers on the property who are not known by management, and thus cannot be  held accountable for their actions, decreases safety for all residents.  Strangers on the property can do what they will and they also can bring in more  strangers.  

 “Associations are very concerned about security issues—if there are undocumented people and vehicles coming and going, residents want  to know if those people and vehicles are supposed to be there or not,” says Lisa Magill, an attorney with Becker & Poliakoff, a law firm with offices in New Jersey, New York City, Florida,  Washington, D.C, and Prague.  

 Overcrowding is also a potential health hazard. “Health concerns could include storing too much trash in the home or garage,  causing a possible insect or rodent infestation, Nugiel says. “This can occur especially in a community that has trash pick-up once each week.”  

 In communities where everyone knows each other and keeps an eye out for their  neighbors, adding outsiders to the mix who don’t know the neighbors or the rules could be a path to disaster. So while the  issue of a new resident taking someone’s parking space may seem trivial, it might be of great importance to the  82-year-old lady who owns the space, which is located near the front door.  Because of her inability to walk well, the lady needs a space close to the  door, and making her park farther away could perhaps lead to her falling and  breaking her hip.  

 An inordinate number of residents in a unit or units also can create tension  among neighbors especially when residents pay for utilities like water as a  common expense. If a few apartments seem to be using more than their fair  share, people could get justifiably angry.  

 “I’ve seen people doing laundry commercially in the community’s laundry room—washing other people’s clothes all day,” says Magill. One restriction for occupants is allowable for residential  communities that are designated as 55-and-older communities: age limitations.  Legally, such communities can prohibit residents’ adult children with kids from moving in.  

 Overcrowding can lead to unsanitary conditions, too. Occupancy limits are set  partly to avoid situations, where you have six people or more in a two-bedroom  unit, for example. But having a higher density of occupants than allowed could  lead to an unacceptably dirty unit, where dust, bags of refuse or odd smells  make their way into the hallway. Having too many folks in a unit also can lead  to too much stuff or a hoarding situation, which in and of itself can be a  health, safety or fire hazard.  

 Associations are designed with occupancy restrictions in mind. Increases over  the maximum occupancy can result in unbudgeted expenses to the association,  such as utility services and waste removal, and also can put increased  wear-and-tear on parking lots and common areas.  

 Imagine a hallway or stairways being mobbed with residents during an emergency  in which an evacuation must proceed smoothly and quickly. Added to the chaos of  people trying to leave through the smoke from a fire, and the nervous cries of  neighbors echoing through the building, you also have undocumented residents  who don’t even know which way to evacuate.  

 The last thing any community needs during a crisis is a logjam of people  impeding traffic down a hall or stairway, since such an obstacle could lead to  people dying from smoke inhalation, getting trampled, or other hazards.  

 Spotting Violators

 “Love they neighbor” is an oft-quoted axiom, but it’s not so easy to practice when you don’t even know your neighbors or worse yet, there are too many of them. So what  steps should a neighbor take if they suspect or know that a unit in their  building is housing way too many people? Contact the manager, since it is his  or her job to deal with the situation, not yours.  

 Depending upon the authority given to them in the governing documents, the  manager may be able to cite the offending unit owner for having too many people  living in the unit, or for having undocumented guests. Some communities put a  limit on how long guests may stay, such as 30 or 60 days, but the rules could  be waived for a situation in which the unit owner has a girlfriend or boyfriend  regularly staying at the residence. Even so, the community’s governing documents may require that the friend (or any extra residents)  register with the condo office so management knows who they are.  

 A soft-pedal approach is often the best way to confront the issue, experts say.  The manager might just check with the unit owner to see what’s up with his or her unit.  

 “It is nearly impossible for a condominium association to evict a homeowner,” Nugiel says. “It is also bad politics. The best course of action is to meet with the  homeowners and to find out the situation that put them in their current  situation. If the extra residents are temporary, it is better for the board to  reach an understanding with the homeowners. The extra residents may be leaving  the home before any legal action would be complete. This would be the best  scenario for all,” she says.  

 If the extra residents need to vacate the unit, managers in most communities  will not help to find them new lodging. But if an overcrowding situation is a  result of family emergency such as an illness, unemployment, divorce, etc., a  condo board and/or management team can work with the unit owners to find  alternative housing, rather than just evicting everyone or litigating, which  are two last-resort options.  

 “It’s not the board’s responsibility to find alternative housing, it’s the responsibility of the unit owner,” Magill says. “In cases where’s there’s a need for assisted housing for the resident, sometimes management has a  relationship with assisted living facilities [and can help with arrangements].  The board also can work with the unit owners by giving them more time to  relocate their extra guests.”  

 Prevention is a key to avoiding problems with overcrowding. Boards of directors  of associations and management staff should plan to prevent the problem by  creating regulations that give them the authority to require compliance.  

 Open communication in the community also is important. Management should inform  residents of the rules before penalizing them for breaking them. A friendly  letter can help to start the process of correcting overcrowding, experts say.  You might want to inquire how long the condo’s guests are going to be staying, and get a timetable for them to comply.  

 In worst case scenarios in which a resident will not comply with occupancy  restrictions, the community’s lawyer may be needed. The attorney can set in motion eviction procedures, or  litigation, if necessary.   

 Jonathan Barnes is a freelance writer and frequent contributor to The New Jersey  Cooperator. Editorial Assistant Enjolie Esteve contributed to this article.  

Related Articles

Condos, Co-ops and Kids

Managing Conflict Between Families and Child-Free Residents

Going Overboard

Crazy Co-op, Condo or HOA Rules

Noise Rules

Keep it Down – But Keep it Fair