Can a condo's HOA give an age restriction if the building is NOT a retirement community building?

Asked by M L, Los Angeles, CA Sun Jan 30, 2011

I just noticed my CC&R's (which was written in the late 70's) that there can be no persons under the age of 18 living in any of the units. It's a small building. Current occupants age ranges from 30 on up. I am not aware of anyone having a child actually living in any of the units.

I am shocked to read the CC&R's state that I could not have purchased the unit if I had a minor child nor could I sell it to anyone with a child under 18. It doesn't say what would happen if I had a kid after I moved in. Would I be forced to move out?

As I mentioned, the CC&R's were from the late 70's but is this valid or even legal in todays date? Seems to me it's a violation of civil liberties. This was never brought up during negotiations/escrow.

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Answers

7
Suzanne Gla…, Agent, Los Angeles, CA
Mon Jan 31, 2011
Hi Phil,
Here's a great website for you: http://www.hud.gov/offices/fheo/FHLaws/
In brief:
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
Your CC&R's seem to contradict the Fair Housing Act.

SUZANNE (SUZIE) GLASER
LA VILLAGE REALTY
p.310.383.1141 | http://www.LAVillageRealty.com
RealEstateSuz@gmail.com | lic # 01390707
(a division of Power Brokers Int'l | lic # 01520327)
2 votes
Jane Peters, Agent, Los Angeles, CA
Sun Jan 30, 2011
This is most definitely outdated and illegal. I am surprised they haven't amended the CC&Rs, but I have seen instances of this before. I would certainly bring it to the association's attention. It would seem no one reads these things.
Web Reference:  http://www.homejane.com
1 vote
Sona Gallatin, Agent, Santa Clarita, CA
Mon Apr 30, 2012
The CC&R's are definitely outdated and go against fair housing laws of today. I would just bring it to the attention of the HOA board, I'm sure the topic was overlooked when you received the documents while in escrow.
Good luck!
0 votes
Richard Schu…, Agent, Los Angeles, CA
Mon Jan 31, 2011
Check with Title. This should be illegal.
0 votes
Heather Paul, Agent, Santa Monica, CA
Mon Jan 31, 2011
Hello Phil, unfortunately this could affect you, when you purchased the property, your realtor was supposed to supply you with a copy of your CC&R's, you should always read them, unfortunately most people don't because they are so huge. I would speak the your Hoa, there are also some special circumstances where if you were disabled and someone moved into the unit to help take care of you that you might be able to get around this. But, ultimately you are going to have to address this major issue. Remember, those Hoa's govern the property just as much as a mortgage note, many times more.

Good luck,
Heather Paul
Coldwell Banker
(424)625-1037
0 votes
Felecia Wesl…, Agent, Beverly Hills, CA
Mon Jan 31, 2011
The responses from the agents that replied are absolutely correct. This is age discrimination.
0 votes
Janey Bishop, Agent, Encino, CA
Mon Jan 31, 2011
Your realtor should have gotten the CCR's for you in the inspection phase. It sounds outdated since you are not in a senior complex. You will forge a stronger long term relationship with your neighbors by working with them.
0 votes
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