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    kennlup's Avatar
    kennlup Posts: 1, Reputation: 1
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    #1

    Aug 4, 2008, 04:13 PM
    Eviction from owned home by community
    Is it possible to be evicted from a home you own by the community you live in? We are in a deed restricted 55 plus community - no children under 18. Residents (real estate home and land) who are 55 plus have 4 tiny kids living with them. Can they be evicted from their home for having the kids living there even though they owe no one any money? I was told if they do not get rid of the kids, the community developer would evict them and change the locks on their home. I do not think this is legal. Any help, advice?
    Thanks!
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #2

    Aug 4, 2008, 07:50 PM
    Depends on what the deed and/or covenants say.
    jjwoodhull's Avatar
    jjwoodhull Posts: 1,378, Reputation: 239
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    #3

    Aug 4, 2008, 08:43 PM
    There are communities where homeowners associations have lots of control. It would depend on the specifics of your community. However, if it is an over 55 community I would not be surprised if they are in violation of the bi laws.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 5, 2008, 06:55 AM
    Quote Originally Posted by kennlup
    I was told if they do not get rid of the kids, the community developer would evict them and change the locks on their home. I do not think this is legal. Any help, advice?
    Thanks!
    Hello k:

    He can't evict them. I'm sure that fines can be levied upon them, but they can't be evicted. You should read your CC&R's and your by-laws. It'll say in there what they can do.

    excon
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #5

    Aug 5, 2008, 07:37 AM
    Actually, depending on the CC&R's, they may be able to force them out. If the rules are strictly "No one under 18", then those are the rules, and the couple agreed to them when they moved in. For some reason, over 55 communities are allowed to discriminate based on age legally.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 5, 2008, 07:40 AM
    excon is right, you cannot be evicted from a home you own. However, the HOA can levy fines and if those fines are not paid, they may be able to foreclose on the home. This will all be spelled out in the covenant that each homeowner had to agree to before they would be allowed to purchase their homes.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Aug 5, 2008, 07:44 AM
    Hello froggy:

    I agree. In addition to the fines I mentioned, I'm sure they can be forced out via some civil procedure. But not "evicted" pursuant to landlord/tenant law.

    Consequently, it's going to be a loooong and expensive procedure to do and to defend against. That's why I don't think they're going to do it. I think they're just hoping the problem will go away.

    excon
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