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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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My partner and me bought a residential property purpose of

Customer Question

Hello, my partner and me bought a residential property for the purpose of operating a small (up to 6 residents) Group Home/Adult Foster Care. Checked with the City prior to making an offer and were told that this is a permissible use of premises. Few weeks
after the closing we received a document from the Association stating 1st that we were supposed to receive Association Rules and regulations at closing, and 2d - that use of premises is allowed for Residential purposes/Single Family use only. The Rules are
dated from 1963. What do we do? Which Rule comes first - City or the Association? Isn't that rule against Reasonable Accommodation for Handicapped? Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Hello, my partner and me bought a residential property for the purpose of operating a small (up to 6 residents) Group Home/Adult Foster Care. Checked with the City prior to making an offer and were told that this is a permissible use of premises. Few weeks
after the closing we received a document from the Association stating 1st that we were supposed to receive Association Rules and regulations at closing, and 2d - that use of premises is allowed for Residential purposes/Single Family use only. The Rules are
dated from 1963. What do we do? Which Rule comes first - City or the Association? Isn't that rule against Reasonable Accommodation for Handicapped? Thank you.

Response: The Association's Rules would control. If property belongs in an Association, the Association Rules and Regulations must be reviewed before purchasing the property.
The Rules here do not have anything to do with Reasonable Accommodation. The Rules specifically deal with the types of housing that would be allowed by the Association. Also, the Rules were not suddenly changed to prevent your clients from residing at the property. So, you cannot say that the Rules are discriminatory. Nevertheless, you may write to the Association to see if an exemption can be made in your case since you did not receive the Association's documents until after the closing and thus you were not aware of the restrictions. The Association’s documents should have been provided to you before closing.

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