What to do if I recently inherited a home from my dad in a 55 plus community?

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What to do if I recently inherited a home from my dad in a 55 plus community?

My age is 53 so I know that I cannot live in the home full-time. I received a letter from the homeowner’s association that I cannot occupy the home. What does that mean legally? We want to do work on the home and live in a different state from where the home is located. Am I allowed to stay in the home for example for a weekend at a time to work on the property?

Asked on August 29, 2012 under Real Estate Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  What you need to do is to get a copy of the covenants and by-laws and bring them to ana ttorney to review.  There has to be a provision on inheritance of those that are not 55 (generally known as non-compliance).  Courts generally review these matters as what is "reasonable" under the circumstances.  It seems reasonable to me that you wish to stay there and improve the property and that does not constitute "occupy" in the sense of actually living there (which is what I would think it means under the by laws).  Get legal help.  Good luck.


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