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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Good afternoon, A few years ago, we purchased a home in

Customer Question

Good afternoon,

A few years ago, we purchased a home in San Francisco. It is a victorian with two levels. We purchased the upper level and the bottom level belongs to someone else. We have an HOA with the lady beneath us.

When we purchased the home, it was a two bedroom 1 bath. We have had improvements done to the property and turned the 2 bedroom into a 3 bedroom home. This work was done with all required permits.

Problem: The HOA agreement that we signed states that no more than 3 persons can occupy the residence. This was signed before the conversion from a 2 bedroom to a 3 bedroom. The downstairs unit owner will not allow us to remove this restriction to sell the property

Question: Since the property has been upgraded to an additional bedroom, can the HOA still require only 3 occupants? If so, what can we do to have this restriction lifted?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 4 years ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

Regretfully, if the other owner won't agree to remove or "lift" the restriction - you will be stuck with the restriction unless the By-Laws allow for some alternative (usually they don't in such a limited application where there are only two members in the HOA).

Then your options are to either buy her out of her interest and remove or change the restriction OR pay her to consent to agree to the change in the restriction.

You cannot force the other HOA member to agree to modification of the restrictions.


So your alternatives are to either buy the other owner out and change the restrictions OR pay them off to consent to the modification of the restriction.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

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