Question:
Can an HOA restrict full time residency in a senior park to 9 mo. a year. I live in a senior park where I own the land and the unit. The purpose of this restriction is to restrict people who need low income housing from buying here. They only want white snowbirds that typically are here 6 mo.s a year. They have stated they don’t want low income and the browning of the park. Our community of Indio’s demographic is 80% hispanic. They also didn’t follow procedure to make it a restrictive covenant because they couldn’t get the 75% required votes to allow for an amendment to add it to the CCRS. they got the minimum vote they need it for a bylaw. so they attached it to the bylaws that don’t speak to restrictive covenants but to the daily operation and the operation of the Board. I have document of the president of a previous board making repeated statements that it’s unenforceable. It doesn’t matter to this association. This isn’t the first time that they’ve had a problem with following the law they’ve been made aware of it and their attitude is until somebody takes us to court and they’re not gonna do anything. That puts a huge burden on us, seniors with fixed income to have to hire attorneys to fight against attorneys that we pay for that cover the association.
They have also failed to meet the mandatory requirements of AB 3182 to bring our documents to current laws regarding rental restrictions and more. They did present us with the new CC and ours that didn’t pass very recently and it had nothing in it that complied with the mandatory rental changes. It actually reinstated the current rental restrictions of nine months. The board doesn’t respond to questions and it’s not interested in transparency and is unwilling to try to have a conversation to come to a mutually agreeable solution. I also have concerns that the attorney that they are dealing with is actually enabling them.
– Teri
Answer:
Hi Teri,
The provision may or may not be in violation of the Fair Housing Act. In addition, if residency refers to the HOA restricting residents’ access to their homes, this may be in violation of the Davis-Stirling Common Interest Development Act Section 4510. You may raise this concern with the HOA board or with an attorney. You may also opt to remove the problem board member(s).
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
