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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I live in a 55 plus community of town homes in Marshfield,

Customer Question

I live in a 55 plus community of town homes in Marshfield, MA. In the bylaws it states that anyone under age 55 can only be permitted to spend overnights for 2 consecutive weeks a year. My 23 year old daughter has been staying with me for several months as I have metastatic breast cancer stage IV, and my expected life span is not long. I'm undergoing chemotherapy and have issues with pain and physical limitations, and my daughter is helping me. There are no parties, loud music, or another type of disturbance due to her spending nights with me. It has been a very emotional and stressful time for us both and we need to be together during this difficult time. I attempted to explain this to the board of directors after receiving a letter that the board has been understanding but now she is not allowed anymore overnights. Because of this, and the stress it has caused, I decided to put my townhouse on the market, which is a huge undertaking considering my health issues. I explained this to the board and the need for my daughter and I to be together at difficult time, hoping it would appease them and they would agree that she could continue the overnights. However, I received a second letter from them stating that "the time is come to make other arrangements for for your daughter" and that "it could be months before a sale is realized". In reality, any of the townhouses that come on the market in this community move quickly because it is a very desirable place for 55 plus folks to be, and there are few in this area. The board has asked me to meet with them in person in a couple weeks. I'm wondering how I should now approach this, and should I have legal counsel with me, should I respond with a letter before meeting them, and what are my rights, if any. Sincerely, ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. Usually when the individual is a caretaker the fact that they are under 55 should not be an issue. Do you by any chance have a copy of your governing documents that you can attach? In the meantime let me provide you with a link for attorneys in your area that provide free legal consultations and meet with you and the board. These boards tend to take advantage of owners but change their tune if an attorney is involved. Based on what you have stated above you would prefer not to move and I don't blame you.