Legal Question in Real Estate Law in Pennsylvania
55+ community collegeville, PA 19426
My father died 5months ago and I have been living/caring for him and my mother who passed in 2006, since 2003. I am only 45 and the only heir. i do no want the home and it is on the maket. The HOA says I must leave the home within 90 days. Financially I can't until the house is sold. Do I have the right to stay here until the house is sold?
1 Answer from Attorneys
Re: 55+ community collegeville, PA 19426
You asked about living in a restricted development.
The homeowners association is correct and it must in fact demand that you leave. If you don't leave they can move to have you evicted under the restrictive clause.
If you sell in time, then all is well. But if you don't sell then you have a choice to make. You can stay and let them try to evict you or you can move preemptively to enjoin them from enforcing the restrictive clause.
An injunction would be predicated on the fact that you are and continue in your efforts to sell the home and that you explore options to otherwise leave. Here, where you were in the home legitimately as a caregiver and where you are legitimately seeking to sell the home and where the market for homes absolutely sucks, a judge may be inclined to grant an injunction, but then the HOA may hunker down for a fight.
Speak with a local attorney about this matter.
Regards,
Roger
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