Legal Question in Real Estate Law in California

HOA Denies Rental

I purchased a condo in Novemeber in Hemet Ca. My relator knew I was 34 and my inlaws would rent it since it was in a 55+ community. In fact when I toured the unit the owner was in it and asked who will be living in it. I explained we would rent it to over 55+. He said that is fine just so you don't live in it. I put it in Escrow. My realtor even obtained my loan and told the bank it would be rented out so that I would qualify. My loan docs state it is an investment property. The night of closing we received the key and inside the CC&R's were in a drawer. They state owner occupied no rentals. Immediatley the HOA began harrassing us. I pay my HOA fee every month and they refuse to give me a pool key. My inlaws moved out in January and we put the unit on the market for $117,000. It has not sold. We wrote the HOA begging they allow us to rent the unit. THey denied our request. Can they stop us from renting the unit? Can I sue the HOA& realtors. We cannot afford to pay two mortgages. We are watching our savings deminish not to mention the stress we are experiencing. Thank you for your assistance.

--name removed--Castor


Asked on 5/12/06, 3:12 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: HOA Denies Rental

I believe that it is an illegal prohibition even if the provision is in the cc&r's. I have 18 yr.s experience dealing with HOA's. Call me directly at 16192223504.

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Answered on 5/15/06, 4:33 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: HOA Denies Rental

You should immediately take a copy of your purchase documents, along with the CC&Rs to a real estate attorney in your area and have them reviewed. You may have a claim againt the broker, the seller, and potentially the homeowners association.

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Answered on 5/12/06, 1:53 pm


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