It doesn't matter. The FHA trumps any CC&Rs

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Jan 15, 2020
1:28:47am

YSMACK All-American

It doesn't matter. The FHA trumps any CC&Rs

The FHA prohibits discrimination based on familial status, which includes restrictions that would exclude a family with people under 55. HOPA carves out an exception under the FHA permitting some discrimination, but not for children under 18 in a home where there is a 55+ member. I have litigated this issue. I'm pretty familiar with this area of law.

The only reason they can kick the kid out in this case is because he is 18 or older and doesn't fall under the HOPA protection like children under 18 do.

This message has been modified

Originally posted on Jan 15, 2020 at 1:28:47am

Message modified by YSMACK on Jan 15, 2020 at 1:29:59am

Message modified by YSMACK on Jan 15, 2020 at 1:31:43am

Message modified by YSMACK on Jan 15, 2020 at 1:34:25am

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YSMACK

Bio page: YSMACK
Joined: Oct 29, 2001
Last login: May 20, 2024
Total posts: 52,052 (3,171 FO)

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Messages

Author

Time

HOAs gonna HOA...

garyfan

1/15/20 12:48am

Is it true HOA’s have no legal authority? Meaning they can’t actually force them

Lieutenant America

1/15/20 12:52am

They have legal authority. At times they also have legal obligation to enforce

garyfan

1/15/20 12:56am

No. That isn't true at all.

YSMACK

1/15/20 12:58am

That sucks. Seems like they shouldn’t have real power.

Lieutenant America

1/15/20 1:19am

It's a contract. You give them the power when you move in.

YSMACK

1/15/20 1:21am

Theoretically it’s also ran by competent people well versed in contracts and

Lieutenant America

1/15/20 12:07pm

I disagree. The stricter the better. The more active and heavy handed the HOA is

1/15/20 1:44am

😂😂😂 Or here’s an idea...don’t move into an HOA if you don’t agree with it.

1/15/20 9:43am

This assumes a lot about choices. There are many factors that go into a

Colorado

1/15/20 10:20am

It’s to the point in some communities being outside of one isn’t even an option.

cougfanz

1/15/20 4:30pm

I agree with the HOA. A kid shouldn’t be living in a 55+ community. People around them bought

Pimpin4Paradise

1/15/20 1:01am

Typically, even 55+ communities can allow some children.

YSMACK

1/15/20 1:06am

Follow-up. If the kid was younger than 18 he could stay under HOPA

YSMACK

1/15/20 1:11am

Article says he is 15.

Florwood

1/15/20 6:52am

I thought it said 18. My bad if so. Also,

YSMACK

1/15/20 9:30am

.

Sandstone Cougar

1/15/20 1:11am

<< Deleted >>

Sandstone Cougar

1/15/20 1:10am

That isn't actually true. You can have under 55 people in a 55+ community

YSMACK

1/15/20 1:14am

<< Deleted >>

Sandstone Cougar

1/15/20 1:25am

It doesn't matter. The FHA trumps any CC&Rs

YSMACK

1/15/20 1:28am

<< Deleted >>

Sandstone Cougar

1/15/20 1:36am

It settled.

YSMACK

1/15/20 1:45am

<< Deleted >>

Sandstone Cougar

1/15/20 1:50am

Maybe it was a little different issue. I'll see if I can find the pleadings.

YSMACK

1/15/20 2:25am

RE: Good result for you then, because I have not seen what you are seeing. The

YSMACK

1/15/20 9:30am

I would bet everyone else in the HOA is happy. They moved there for a reason

KSwiss

1/15/20 1:13am

Problem is I’m sure they were fine and happy with the rule, until tragedy struck

BYUFootballisBack

1/15/20 1:16am

Agreed they should have given them more time to figure it out

KSwiss

1/15/20 1:28am

But then again the article says the grandson moved in sometime in 2018

KSwiss

1/15/20 2:04am

The reality though is that almost no one reads all the rules beforehand.

YSMACK

1/15/20 1:17am

If someone doesn’t read the rules it isn’t their neighbors’ problem

KSwiss

1/15/20 1:23am

I understand your point and agree.

YSMACK

1/15/20 1:26am

<< Deleted >>

Sandstone Cougar

1/15/20 1:26am

Fair points, but sometimes harsh in application.

YSMACK

1/15/20 1:35am

sounds like the kid's parents died. Even if they read the rules, they probably

Colorado

1/15/20 7:15am

They should have considered, “why would I pay a premium to live in a place

Sandstone Cougar

1/15/20 7:25am

I have had an acquaintance who had to move from his 55+ HOA because

Sandstone Cougar

1/15/20 1:44am

I don't understand why someone would want to live there in the first place

ReyOso

1/15/20 4:06am

I hate HOAs and everyone associated with them. That’s all.

cougfanz

1/15/20 4:15am

From age 23 to 27 when I married, I house sat my mom's home in 55+ community

Crazy Joe Davola

1/15/20 5:22am

article doesn't mention his legal guardian status. I think it would depend on

JONBOY

1/15/20 6:14am

That's incredibly stupid. Sounds like his parents died. Is he loud?

Colorado

1/15/20 7:12am

People who don’t like HOA’s are people who bought without doing research

idacoug

1/15/20 7:17am

Uh, housing decisions involve a lot more than just thinking about whether you

garyfan

1/15/20 7:29am

don't read into more than what I wrote. All's I said was if you buy in an HOA,

idacoug

1/15/20 9:26am

“People who don’t like HOA’s are people who bought without doing research”

garyfan

1/15/20 9:28am

Not really. I bought my house knowing there was a stupid HOA but because I

Colorado

1/15/20 7:33am

You bought knowing that. It is all on you of you don't follow the rules.

idacoug

1/15/20 9:25am

That doesn’t mean the rules aren’t dumb.

Colorado

1/15/20 10:14am

I like HOA’s. The only thing I don’t like about it is

BrobaFett

1/15/20 9:20am

I agree with this. No one likes the thought of old people policing very simple

idacoug

1/15/20 9:28am

The right thing to do is let an orphaned child live with his grandparents

Colorado

1/15/20 10:42am

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