Legal Question in Real Estate Law in California
We own a home in a 55+ community, we've lived here for 3 years. A few months ago our daughter lost her home and had to move into a camper in a camp ground while she finishes her nursing degree. We had to give our 16 year old grandson a place to live, he has no where else to go. We share guardianship of him, since he was 6 when our daughter was in the navy and over seas. Now we need to help raise him again. The associatioin wants him out, but he has no where to go and we cann't afford to move. Do we have the legal right to keep him here?
2 Answers from Attorneys
There are 2 types of age-restricted communities permitted by the Fair Housing Act. The first type of age-restricted community is where at least 80% of the units must be occupied (not owned) by at least one person 55 years of age or older. The second type allowed is a community where 100 % of the units are occupied by persons 62 years of age or older. Most of the age-restricted community associations fall into the 55 plus category.
It would be important to know whether your community meets this test.
Mr. Collins is correct that it is important to check if your development qualifies, but if it does, then you have no recourse. In fact they must ask him to leave in order to continue to comply with the law governing the restrictions.
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