“Forgive me for not knowing, but did they take any steps to have their HOA bylaws amended; i.e., did they petition the community during these years they were in violation, etc.? Let’s not forget that HOA rules are, after all, subject to the votes of the communities that elect them.”
I have no idea. I know what the article said and it didn’t mention any rule change petitions. The grandmother did agree in writing to have this settled last year. She said her daughter was supposed to take custody again but then ran off.
“They’re in a position not unlike thousands of people are in all across the country, insofar as selling goes. So yes, I say do whatever you have to do to sell, price-wise”
Their position is a bit different. They didn’t knowingly buy a house they couldn’t afford. The article states they didn’t buy this house so the argument of “they should have thought of this before they bought it” doesn’t really apply. While the story doesn’t mention it, I’m sure the pay property taxes on the house. I’m not sure how taxes are applied to inherited real estate. I think selling their house is the solution, but until they sell it they should be left alone. As far as reducing the price again, that should be considered while at the same time they shouldn’t be forced to “give” their house away.
If it's true they didn't buy the house, I guess I see this as having their cake and eating it too. They want the benefits with none of the responsibilities...?
Bottom line for me: If they moved into the community -- as original buyers or inheritors or what have you -- with knowledge of the "no minors" rule, I don't think they have a case. Again, how many people nationwide are "giving" their houses away in this market? Plenty. No one wants to take a loss on a house, but these days it's not uncommon. These folks are no different just because they have a cute granddaugher.
Let me turn it around and ask you: Should they be allowed to "break" the rules indefinitely? If not, for how much (longer)? What about other residents in the community with situations that could be similar? Should the HOA just say "okay, anything goes" and everyone's grandchildren come to live in an "adults only" neighborhood?