The HOA is asking me to vacate my property immediately. Can they do this?

[jfhan]

What is the name of your state (only U.S. law)? California

My parents passed away last year. The condo they lived in is in The Villages of San Jose, in an over-55 community. The condo title in in a trust and I am the executor. I have been staying in the condo for several months, but now the HOA has realized this and told me I need to leave. I am 54 and will be 55 in Jan. The only reason I am being asked to vacate is because I am under the age of 55.

Do I have any legal way to remain in the condo? How long can I stay there before being evicted? Can they exclude me from my property? There is a security gate and I fear they will deny me access into the community.

Thank you for any assistance.

 

[Taxing Matters]

What is the name of your state (only U.S. law)? California

My parents passed away last year. The condo they lived in is in The Villages of San Jose, in an over-55 community. The condo title in in a trust and I am the executor. I have been staying in the condo for several months, but now the HOA has realized this and told me I need to leave. I am 54 and will be 55 in Jan. The only reason I am being asked to vacate is because I am under the age of 55.

Do I have any legal way to remain in the condo? How long can I stay there before being evicted? Can they exclude me from my property? There is a security gate and I fear they will deny me access into the community.

Thank you for any assistance.

Have you told the HOA that you will be 55 in just 9 months? If not perhaps that might affect the board’s decision. Otherwise, if the HOA documents require that the homeowner/occupants must be 55 or older then the HOA may enforce that and seek to have you removed from the HOA. Bear in mind that senior communities get an exception to the laws banning discrimination in housing based on familial status but have to meet certain requirements to meet that exception, one of which is that the community must require at least 80% occupancy by persons age 55 or older. You can read more on this on the U.S. Department of Housing and Urban Development (HUD) site here:
https://www.hud.gov/program_offices/fair_housing_equal_opp/seniors

 

[HRZ]

Some also have exceptions for adult children over 45 to be there unlimited....seems an odd rule to enforce unless there is something else going on yes, parents are deceased ..but the rule I saw did not require parent to be present...what else is going on.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

My parents passed away last year. The condo they lived in is in The Villages of San Jose, in an over-55 community. The condo title in in a trust and I am the executor. I have been staying in the condo for several months, but now the HOA has realized this and told me I need to leave. I am 54 and will be 55 in Jan. The only reason I am being asked to vacate is because I am under the age of 55.

Do I have any legal way to remain in the condo? How long can I stay there before being evicted? Can they exclude me from my property? There is a security gate and I fear they will deny me access into the community.

Thank you for any assistance.

I am going to suggest that you get a consult with a local real estate attorney...particularly one who has experience dealing with HOAs. I suspect that a properly worded letter from an attorney, pointing out that you will be 55 in less than a year, might make them back off.

That of course is assuming that you are not doing anything to disrupt the community at all.

 

[adjusterjack]

Your situation is a rather common one.

Do I have any legal way to remain in the condo? How long can I stay there before being evicted? Can they exclude me from my property? There is a security gate and I fear they will deny me access into the community.

Thank you for any assistance.

You might have a defense to eviction under the 80/20 rule.

Read this:

http://homeguides.sfgate.com/can-evicted-live-condo-55-over-am-not-55-57971.html

I agree that it's a good idea to have a lawyer handle this for you to nip it in the bud at the getgo.

Just make sure the lawyer you get is NOT associated with the Community Association Institute (CAI) or any of it's offshoots. They work for the boards and management companies against "owners". Their ads may state that they are associated with the CAI, but if the ads do not say so, ask. If they are affiliated, find a lawyer who isn’t.