Hawthorne, CA asked in Contracts, Real Estate Law, Landlord - Tenant and Probate for California

Q: Can an HOA stop me from staying in the house I inherited from my mother who passed away?

I was the live in caregiver for my mother who is buying a home in a 60+ trailer park. However, my mom passed away recently and now I am the heir to the property. The HOA has told me that because I am only 54 years old I cannot live in my house, I cannot rent it out to anyone whether they are 60+ or not and the only way that someone 60+ can stay there with me is if I put them on the deed. Is this legal? They are basically leaving me homeless, no options as the new owner and no rights

1 Lawyer Answer
Rod B. Tuazon
Rod B. Tuazon
  • Landlord Tenant Lawyer
  • Ventura, CA

A: I believe the HOA may be correct. The Fair Housing Act exempts communities intended for people 55-62 or older to discriminate based on familial status. It appears that your mother’s trailer park caters only to residents who are over 60 years old. You have two options: either (1) find someone you can trust and is over 60 years old to be on title, which the HOA suggested OR (2) sell the property and move to a place where there are no restrictions.

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