Legal Question in Real Estate Law in California

My husband and I just inherited a house from his mother who recently passed away. It is in a 55+ community in California. My husband is 61 and I am 50. We have a son who is 3 years old. (yes, he was a big surprise.) The house is paid for free and clear, and we want to move in. Will the HOA be able to force us to sell or evict us because of our child?


Asked on 6/05/13, 11:59 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, they won't be able to force you to sell, and eviction is rather doubtful, but you should ask the HOA or other governing body what their rules are regarding children. Keep in mind that it can be a lonely setting for a child with no neighbor kids and maybe poor to no school bus service.

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Answered on 6/05/13, 12:18 pm
Anthony Roach Law Office of Anthony A. Roach

You are going to need to get a copy of the CC& R's and speak to a competent real estate attorney. There are special rules that govern these places, and when they have not been properly complied with, can cause the HOA to be sued for housing discrimination.

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Answered on 6/05/13, 2:45 pm


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