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My mom (homeowner) died in 2006. From that time until Feb 2010,

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her common law husband occupied...
My mom (homeowner) died in 2006. From that time until Feb 2010, her common law husband occupied the unit, by which time he had defaulted on the mortgage, homeowners dues, utlities, etc. My sister and I have recently completed cleaning up the place, painting, carpeted, and readied the unit to be rented. We then learned there is a clause in the CC&R's limiting rentals to 25%, but also saying the Board may make an exception in the case of death, illness, or emergency. We requested an emergency meeting of the board and just learned today, they have decided not to make the exception for our case. We had explained my sister recently lost her job and the continued outlay of costs to our family represents a true hardship. Are there any case laws we can quote in our response to the Board or is it your experience we should not fight it and just plan on selling (which we preferred not to do at this time due to market prices)? Thanks
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 31 minutes by:
6/19/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,143
Experience: Attorney and Real Estate broker -- Retired
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California court cases concerning leasing restrictions in commn interest developments (HOAs) are extremely slim. In fact, the California legal treatises point to a Florida case instead: Woodside Village Condominium Ass'n, Inc. v Jahren (2002) 806 So2d 452, which holds that leasing restrictions will be upheld unless unreasonable, i.e., no legitimate purpose.

 

A 25% lease to own ratio in a community is a reasonable means of maintaining property values, thus, I think you would be fighting a losing battle to contest the CC&Rs in court.

 

Hope this helps.

 

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