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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38168
Experience:  16 years real estate, Realtor. Landlord 26 years
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We own a condo with 55+ docs. We now however are living in

Customer Question

We own a condo with 55+ docs. We now however are living in an assisted living residence We want to employ out 22 year old granddaughter to stay at the condo to protect our possessions our association says that cannot be done The condo would have to be inherited by her parents which we intend to do after we pass on but not yet So is there any way to accomplish this ?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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We want to employ out 22 year old granddaughter to stay at the condo to protect our possessions our association says that cannot be done. So is there any way to accomplish this ?

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This would be strictly determined by the Bylaws of the Association and if they have restrictions on residents under 55 living there, these have been deemed an exception of the age discrimination laws under the Fair Housing Act.

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So unfortunately, if they have this type of restriction in the Bylaws or CCRs, then it would be legally enforceable and they could prevent granddaughter from living there by filing suit against you for a violation of the rules of the development. In most Bylaws, it states that the "prevailing party" is entitled to their legal costs of suing, so that could potentially result in you being held responsible for several thousand in attorney fees as well as them getting an injunction against granddaughter living there.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister