Legal Question in Real Estate Law in Virginia
Rezoning 55 or older community
I recently moved into a 55 or better condominium community in Chesapeake VA, which is about 1-1/2 years old. Due to sluggish housing market, now the builder plans to apply to rezone our community to one with no age restrictions. This means that families 55 and under with children will be allowed to buy. No problem with people who have children but I sold my existing house at a loss and put my life savings into my new home with the promise of an all adult community. I would like to know if this rezoning can be accomplished without the signatures of the current owners. Also, what recourse do we as owners in this condominium community have if builder can apply for rezoning without our approval?
Thank you.
1 Answer from Attorneys
Re: Rezoning 55 or older community
You should carefully review the community association's by-laws and related documents which may have the answer to your question.
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