Can i be forced by a HOA to sell my home?

UPDATED: Jul 3, 2009

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Can i be forced by a HOA to sell my home?

I inherited my grandmothers home which she owned since 1974. It is a 55&over in Leisure Village, Ridge, NY. I received it in 2004 and have been renting it to the same tenant since. They have passed a rule that says I can only rent it for a maximum of 5 years on a year to year basis. I am now 51 and still can not reside there. My intention is to retire there when ready. Is this legal. What recourse do i have?

Asked on July 3, 2009 under Real Estate Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think you're going to need to have an attorney in the same area as the home review the HOA documents, including the 5-year rule.  If they've just passed that, it might be that they can only enforce it going forward, so that they can't count the years since you inherited the home, and that would let you reach 55 before you would run out of time.  I'm not a New York attorney, and there may be something in the law of your state that helps you with this, as well.

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