Transfer of Ownership Questioned at 55+ Community

A.K. writes:

Dear Mister Condo,

I live with my husband in a condo for 13 years in a community that is designated as 55 years and older. The condo unit belongs to my father-in-law. This month my husband turned 55 years old and my father-in-law wants to turn over the condo to him as owner but the condo Board is giving us a hard time. Can they do that? Thanks!

Mister Condo replies:

Answer

A.K., I am not sure what you mean by a “hard time” but the condo Board can certainly request that the transfer of ownership from your father-in-law to your husband go through the proper channels to assure that the association’s rules and by-laws are followed. As long as your husband meets the requirements for ownership in the community, I can’t see what would stop this transaction from moving forward. It sounds like he has just made the age requirement. What else does the association require? You should request a copy of the condo documents to see if there are any other hurdles to overcome and I would also seek the help of a qualified real estate attorney. Real estate ownership is a highly legal process and I think you and your husband would be well-served have the advice of an experienced attorney to guide you through the process. Best wishes!

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