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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33496
Experience:  12+ yrs. of experience including real estate law.
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A residential community in our Indiana town had a vote by a

Customer Question

A residential community in our Indiana town had a vote by a small number of residents and decided to become an over 55 community. I'm a Realtor with a pending sale on a home to a single woman of 51. They met and drew up the change in the covenants and are trying to enforce it. Most residents knew nothing about the meeting, didn't have a vote and now their homes are limited to buyers. This restriction after the fact appears to be discriminatory according to Fair Housing Laws. Help. She's a cash buyer, ready to close but doesn't want to face legal action after the fact.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 6 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 6 months ago.
My question is can a neighborhood association enforce a newly adopted covenant that restricts the sale to residents of 55 and over? Apparently there was a vote of just a few members last fall and because they didn't want children moving into the community they changed the covenants and had them recorded. None of the residents I spoke to were aware of the meeting, the change or who voted. My cash buyer is ready to close but doesn't want to be sued if they find out she is a single woman of 51. No special senior services are offered. Is this a Fair Housing violation of Familiar Status?
Customer: replied 6 months ago.
I have not received an answer to my question so don't expect me to rate the attorney until I get an answer
Expert:  P. Simmons replied 6 months ago.

An HOA CAN change the bylaws...and federal law DOES allow a community to become "55 and over"

Both of these are possible under the law.

Now...in order for the HOA to make the change, they MUST follow their bylaws...if they did not follow the procedures in their bylaws for adopting such language to the bylaws? Then someone could sue to have the changes reversed.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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