I was explained that when a property is being purchased via foreclosure auction, the HOA has no right to refuse occupancy per the foreclosure statue. The building is 55+ and I'm not. But still I was told that they can't refuse my occupancy. I couldn't find the law case anywhere.
Please help with a quote from a relevant law or statue.
Explained by who? Unless it was a lawyer, you relied on legal advice from a non-lawyer. A foreclosure does not wipe out the restrictions of a community and each purchaser of property within the community, by accepting a deed, agrees to abide by those restrictions. You should have hired a lawyer before the purchase. You will need to hire one now to make sure the HOA is a valid 55+ community or not. Maybe you will get lucky and they have not maintained their status properly.
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You cannot find anything because it is completely untrue. You cannot avoid the deed restrictions in the HOA covenants by buying at a foreclosure auction. If it is 55+ and you are not, or dont fit into the 80/20 rule, then you simply cannot occupy it and will need to try renting it or selling it off.
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The covenants of the community are not eliminated by the foreclosure sale. In fact they are not eliminated by a tax deed sale either. Yes, you can OWN the unit, but you cannot occupy the unit unless you are an approved person, which requires you to be 55 years old.
So look at the rest of the rules and regulations and covenants and see if you can get it rented. Otherwise it may be time to fix it up and put it on the market for sale.
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