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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6889
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Association bylaws state 55 years and older. A woman 45 years

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Association bylaws state 55 years and older. A woman 45 years purchased a home there 4 years ago. I have a buyer for my home age 47. Other 3 homeowners are threatening to sue me. I say that the 1st underage buyer set a presidence, therefore I can legally sell to and underage buyer. Right or wrong?
Welcome and thank you for your question. I will be the professional that will be assisting you. What do your bylaws state specifically with regard to 55 and older.
Customer: replied 3 years ago.

Homeowners must have obtained the minimum of 55 years of age.

The Association must apply the rules uniformly. That being said, many times the association provides for ownership where on family member is 55 or older. Can you tell me if your association provides any exceptions?

I want to make sure that they are not in a position to file a lawsuit against you.

Customer: replied 3 years ago.

I think they already made an exception when the 1st person purchased at under 55 years of age. The other 3 owners say they will sue me if I go thru with the sale of my home.

I apologize for any confusion I caused in the wording of my response. Can people under 55 live in the community provided one of the owners is 55 or older?


This is governed by The Fair Housing Act and has exceptions that the people who are threatening to sue may not be aware exist.


For example 80% of the occupied units must be occupied by at least one person who is 55 or older

Customer: replied 3 years ago.

It says occupants must be 55 or older.


Is anyone in the community under 55 other than the woman that purchased at age 47?




A person can file suit against anyone for any reason. The question is whether the lawsuit is viable.




That being said, if your bylaws specifically state that selling to someone under 55 is prohibited the fact that one was sold to someone 47 years old does not make the rule invalid or void. The rules can only be changed by amending the bylaws.



That tells us that the Association is not enforcing the rules and regulations and that homeowners have an action against the HOA.


This is not as simple as because someone else violated a rule am I now permitted to do the same without repercussion.


The duty is on the HOA to enforce the rules and the neighbors would have an action against the Board.

Does the board need to approve your sale? If they approve the sale this would be on the board and not you.

Customer: replied 3 years ago.

The new buyer of my home wants me to give her a letter stating the association waives the 55 year old limit for this transaction. I have done so.

This is the association's issue not yours. If the Board waives the age requirement and/or does not enforce the rules, the proper party to a lawsuit would be the Board and not you. Your neighbors can file a lawsuit against you and you can ask that it be dismissed as you are not the proper party.

Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Thank you.

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