Can the club house in an adult community serve as a funeral home?

We live in the active adult community. Just recently in our club house there were three funerals held. The developer of the community , developer holds majority on the board of HOA, calls it memorial services. There is the difference between memorial service to which we do not object and the funeral service with the body or urn present in the dining room of the club house. Since there is no ruling on the issue in the governing documents, the developer is allowing the service by adding it to the governing documents as an amendment. What can we do if anything? Should the developer make a disclosure to the potential buyers?

Asked on June 13, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A funeral home per statute of many states in this country is where a body is prepared for burial or cremation. From what you have described, I view a memorial service being held at your community club house, not a funeral home.

If the recorded covenants,conditions and restrictions for your planned unit development do not preclude what is going on that you are writing about, then such is allowed. If you want to received more guidance on the issue, I suggest that you consult with an attorney that practices law in the area of planned unit developments.

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