Can a 55 and over community make you move if you bought the home before it became a 55 and over community.

There is no HOA set up. Title is clear of any restrictions. 55 and over community lost status in 2007 and is appealing this decision. If I bought while there were no restrictions and they win their appeal, can they legally make me sell my house and move because of age violations. Oceanside, CA

Asked on June 8, 2009 under Real Estate Law, California

Answers:

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since you bought the home before it became a 55 and over community, usually you can rely on what is known as the "Grandfather Clause", which allows an exemption to the new regulation.  It allows current property owners to continue living under the previous laws.  However, not all regulations are covered by the grandfather clause.

If there is no HOA set up, "who" is kicking you out? At this point, I would contact the California Department of Real Estate and speak to them about this issue.  Contact numbers can be found at:

http://www.dre.ca.gov/gen_contact.html


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