Legal Question in Family Law in Pennsylvania

Re: Housing for grandchildren

The restriction that the inhabitants of your community must be 55+ was part of the covenants that you and the grandparents signed upon purchasing their home.

I can think of some defenses against the potential action of the neighbor. First, if they were owners when the children moved in and were notified why have they waited so long to complain? Second do the neighbors have standing to enforce the covenant?

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: Housing for grandchildren

You asked about children residing in an adult community.

Adult communities are created with an exception to the laws against discrimination. The provisions were created to provide for and protect the property values of the neighbors.

Unless all the owners of all of the property in the development agree to change the covenants in the deeds then the covenant governs. There is strong case-law on-point with the situation you describe, and it doesn't support the outcome you seek.

It isn't actually a hardship to enforce the covenants as the grandparents can make a choice of whether to remain in the adult community and give up the grandchildren or relocate out of the community. Further any allowance for those children to remain could ostensibly open up the community to litigation 1) against the community to enforce the covenant, or 2) to disallow the adult community standard. It can't be both ways.

There are some arguments that could be made in favor of the grandparents, but in my opinion they are all losing arguments.

In the end the question will come down to money. How much each party is willing to pay to enforce their argument. As I see it, the management of the community has the obligation to enforce the covenant. In the worst case, the members of the community will be paying for the legal fees of the community in enforcing the covenant .

How much is each and every member of the community willing to pay to allow the children to stay and are they all willing to give up the adult community status?

Regards,

Roger