Legal Question in Real Estate Law in California
can a homeowners association stop someone from selling a home because the new bu
I have a home that my mother left us in a trust. The house was paid for nd owned by my mother. The land was owned by my mother. She lived on a privite culdisac with 6-8 other homes. She paid a homeowners associaton fee very year. My question is: Can the homeowers association stop us from selling the house to people who have kids? Yes there is a claus in the homeowners asscoiation (what ever you call it) that states no childern below the age 18 can live there. This is not a gated senior citizen commuity or anything like that. They are all privetly owned homes and all the proprty has to be maintained by the owners not the homeowers association. I feel this rule is hendering & limiting prosepcts we have to sell the house to. We have had to turn down offers bcause of this rule. Thank You
2 Answers from Attorneys
Re: can a homeowners association stop someone from selling a home because the ne
Unless the association follows strict rules to qualify as a seniors-only development, which does not seem likely from what you wrote, they cannot bar families with children. Both the federal Fair Housing Act and California law strictly prohibit this discrimination. If you need a San Jose attorney with expertise in fair housing law, you may call me at 408-985-7575 or contact me by e-mail.
Re: can a homeowners association stop someone from selling a home because the ne
It takes more than throwing a couple of lines in the CC&Rs to be a senior only development.
Chances are that they cannot discriminate against someone with children, but would need more information to confirm.
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