Law-Forums.org

[tredway]

We have a handicapped son. As we are getting older we have tried to figure out plans for the future. We decided to buy a very small condo and get him used to living alone, with our help every day, and it is close to our home. It is in low income area, but it is the most we can afford. Just prior to closing, we got the HOA rules that say we cannot rent the unit out. Wow, all our hearts are broken. But now we are wondering if this is even legal. The house cannot be titled in his name so it is our house. Our money. He gets a small disability check that would cover the costs for the HOA, utilities, taxes, insurance (which would be like renting) and then he needs to have money for food. Does anyone know if there is a law against prohibiting the owner from letting a family member occupy the residence when there is a rental exclusion in the HOA rules? I have contacted the legal department for handicapped people but got no response, Any help would be appreciated. There is just this one place that we can afford and so the need is urgent. Thanks so much for your replies.

[cleirach70]

I don't believe your son would be renting.

The only reason I would be concerned is if the HOA rules state that the owners must live in the residence or non-owners are not allowed to live in the residence.

Why can your son's name not be on the title? Just let him live there and then transfer the title to his name.

[fiynn]

Having not read the actual rules, I can not say for certain but my interpretation of the rules is that you can not rent to a total stranger and act as manager. Allowing your son to live in that condo would not violate that rule. In fact, they can not discriminate against your son as that is a direct violation of federal law. Before you consult an attorney, talk to the association and clarify the rules. Since your name in on the deed and it is your money paying the mortgage and fees, I doubt they can tell you who can and can not live in your condo especially in a situation like this.

Also, you can do a yahoo search and probably find out your state statutes. Google your state's name and Fair Employment and Housing Act or Housing and ADA.

Lastly, each state usually has a task force or department to help citizens with disabilities, find the number and call them. Look for your state's Housing and Urban Development or call your local SRS office and ask them. If all else fails, call Social Security and ask them for a name of a place.

[lamarr3]

Then you need to continue trying to get an attorney or some sort of counsel. Don't stop just because they haven't called you back.

You need to understand that we are not professionals in this...we cannot help you directly because we don't know the specifics or the laws. This is something you need to talk over with a disability advocate. Go to social services and talk to them about this. They can give you references.

[mads]

It seems like from your description that the HOA rules do not prohibit handicapped persons from living there. According to your statement, they do not allow you to buy the condo and then rent it out to anyone. They are not in my unprofessional opinion discriminating against anyone handicapped or other wise. Instead of trying to make a big legal case against the HOA through some third party, why not go to them and ask this question ?
Renting it out to someone, and letting a family member live there and assisting with the rent are two entirely different situations.

[cleirach70]

This really has nothing to do with your son being handicapped. HOA's are organizations that create rules for their little fiefdom and you can either agree or move elsewhere. That said, you should go to the hoa and see if they consider you just allowing a family member to live there as renting. I'll bet they do. If not, then you have your answer.