Legal Question in Real Estate Law in North Carolina

Condominium Age Restrictions
I am being gifted a condominium in North Carolina. I will be using the condo as a second home for my family. I am a married 28 year old man. The Condo Docs have the following clause in them:

No unit in the condominiums may be sold to any person under the age of 21 years abiding with said person nor may any unit be rented to any person not meeting these conditions. A unit in the condominiums acquired by any person under the age of 40 years through inheritance or otherwise, must immediately be offered for sale and in no event may it be occupied by said person.

There is nothing in the condo docs that discuss the condos as being for 55 or older and no provisions regarding age except for the clause above.

Is this is a violation of the Federal Fair Housing act and is this clause enforceable?

Asked on 9/16/03, 2:02 pm

David Slater David P. Slater, Esq.

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Re: Condominium Age Restrictions

In Florida, such restrictions have been upheld. I do not know about NC.

Answered on 9/16/03, 5:31 pm

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