Legal Question in Real Estate Law in California

Retirement home ownership

If a new resident buys, owns, and moves into a condo in a retirement home and he breaks the rules (CC&Rs) by cursing the food servers and other staff and residents, and being very obnoxious in other ways, can he be forced to sell? If so, what if his condo does not sell in today's bad market--can he be forced to take a loss? Thank you.


Asked on 6/17/09, 5:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Retirement home ownership

Read your CC&R's / rules / regs / contracts to determine your rights and remedies. They determine the process. Generally, the HOA / mgmt would be responsible for enforcement upon complaints; you need to make that complaint to request action and remedy you seek. You probably have to go through that process before taking other legal action. The affected residents may be able to also take private action, including seeking a restraining order, or other enforcement of rules. You should consult with counsel to review the documents and your rights. Now, if you think you have the right to take legal action, and you determine you are ready to, feel free to contact me to discuss the risks/rewards of doing so.

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Answered on 6/17/09, 6:41 pm


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