Can a 55 and over community make you move if you bought the home before it became a 55 and over community.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a 55 and over community make you move if you bought the home before it became a 55 and over community.
There is no HOA set up. Title is clear of any restrictions. 55 and over community lost status in 2007 and is appealing this decision. If I bought while there were no restrictions and they win their appeal, can they legally make me sell my house and move because of age violations. Oceanside, CA
Asked on June 8, 2009 under Real Estate Law, California
Answers:
E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Since you bought the home before it became a 55 and over community, usually you can rely on what is known as the "Grandfather Clause", which allows an exemption to the new regulation. It allows current property owners to continue living under the previous laws. However, not all regulations are covered by the grandfather clause.
If there is no HOA set up, "who" is kicking you out? At this point, I would contact the California Department of Real Estate and speak to them about this issue. Contact numbers can be found at:
http://www.dre.ca.gov/gen_contact.html
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.