If your condo is located in a 55+ community and you become pregnant, is the association able to kick you out?

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If your condo is located in a 55+ community and you become pregnant, is the association able to kick you out?

I have lived here for over 4 years and got pregnant. We were not trying to get pregnant. Our condo is currently on the market with no takers. There are at least 4 other condos in this subdivision up for sale. Are we going to have to leave or since it is up for sale with no offers, does that fall into any hardship scenarios? I’d appreciate any advice.

Asked on October 21, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are going to need to seek legal counsel in your area.  Complexes can legally ban children if they meet at least federal fair housing laws and often county laws that mirror them: proving that at least 80 percent of the units have at least on member 55 or older.  If they can prove same then this issue becomes contractual between you and one would need to read all the paperwork involved in this matter and possibly force the issue in Court.  Maybe an offer to sell the condo to the association?  Maybe another solution.  An attorney in your area is best suited to help when they are armed with the necessary information.  Good luck.  On all fronts.  


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