It’s best to read fine print before buying into community

Q: Before we purchased our home, we were told by the sales associate that he would lower the age restriction by giving us a five-year grace period, which would allow us to purchase the home and move into the community.

One of the selling points of this community was the clubhouse. At no time did the sales agent state that there was no five-year grace period for the use of the clubhouse.

He did not state that we would not be able to use the clubhouse, pools and spas, etc. As a buying reward, he even issued us passes when we first moved into the community until we got our membership ID cards.

The sales office and mortgage company both knew our ages and knew that my wife was not going to be on the deed. She is 52 years old and I am 48. We received an age-qualified resident violation letter and our membership passes were pulled.

We pay a large monthly assessment for these facilities but now cannot use them.

This letter comes to us after living in our home for more than four months and spending thousands of dollars in buying and improving our home.

We were deceived into buying this home from the sales associate and mortgage company. Is there anything that we can do?

A: You did not send a copy of your governing documents to see the actual language of the age restriction.

Fair housing laws state that at least 80 percent of units have at least one resident who is 55 or older.

Consequently, there could be 20 percent of units, or in this case homes, in the community where the residents could be younger than 55. If that is the case, then you should have a right to the use of the community's facilities.

You could make the argument that if the association will not reverse its decision, your assessments should be reduced.

NRS 116.3115 subsection 4b states that any common expense or portion benefiting fewer than all of the units must be assessed exclusively against the units benefited. Since the association is denying you the use of the common facilities, an adjusted assessment would be in order.

When buying your home from the developer, you probably signed a document that stated that only what is written in the documents are the agreements -- that nothing orally stated was part of the sales agreement.

It is so important for everything to be in writing, especially if there is a unique condition.

I have to admit this is a new one on me. A five-year grace period to buy into an age-qualified community would appear to be in violation of the governing documents and of the federal fair housing laws.

You can file a complaint against the sales associate and the developer with the Nevada Real Estate Division, located on East Sahara Avenue. Their telephone number is 486-4033.

You may also want to contact legal counsel to see if there are any other options, such as the developer buying back your home.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759. Questions may be shortened and are subject to editing.