Legal Question in Real Estate Law in California

HOA CC&R age restriction: legal if complex is not retirement community?
In the CC&Rs for a condo we are currently in escrow to buy in LA, we found this provision: ''No Condominium shall be permanently occupied by any person under the age of twelve years and no Owner shall permit his Condominium to be permanently occupied by any person under such age. ... however, if a person occupying a Condominium gives birth to a child, the occupancy of such child shall not be in violation of this Section until one year after the birth of the child.''

''Permanently'' is defined as more than 45 days (aggregate) in one calendar year. I did some Internet research and it seems to me this is illegal. Unruh Act prohibits it, no? As far as I know, this complex can not be defined as a retirement facility. These CC&Rs were written before Unruh so I think they just may not have been updated. Please advise if my assessment regarding legality is correct.

While we don't have any plans for children right now, life changes and one can't tell what will be in 1 or 2 years and we wouldn't want to purchase now in a place that prohibits children.

Asked on 6/11/08, 1:57 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: HOA CC&R age restriction: legal if complex is not retirement community?

I agree.

Answered on 6/12/08, 12:27 pm

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