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Attorney 1
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Category: Real Estate Law
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When we first bought into a condo w HOA there were no

Customer Question

When we first bought into a condo w HOA there were no restrictions on selling a non owner occupied place. After a few years the HOA's CC&Rs said when someone buys a condo in there they couldnt rent it for a year, but we want to assign our current lease in escrow. Can the HOA legally stop this sale?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: In Ca can an HOA prohibit the sale of a non owner occupied condo to an individual that would be assigned the lease
JA: Has anything been filed or reported?
Customer: Like what? There are CC&Rs that say that you can't but we bought it before those CC&Rs were put into place. The Management company threatened to charge the buyer 100.00 per day for the lease period
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are in escrow supposed to close Tuesday of next week
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 2 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

If you have a tenant in your unit, and are selling the unit, the new owner necessarily takes the unit as is, with the lease intact. The HOA cannot undo an otherwise legal landlord/tenant contract without liability.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!


Attorney 1

Expert:  Attorney 1 replied 2 months ago.

Please let me know if there is anything else I can do for you. I'm here to help.

If the answer provided sufficiently addressed your inquiry, please take a moment to rate the response, accordingly. Thank you.

Attorney 1

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