What is the name of your state (only U.S. law)? PA
Question involves the legality of continuing condo "service fees" once 90-year-old mother, who has occupied a wholly owned retirement condo for the last ten years, can no longer care for herself and must move in with her daughter. The original contract states that such fees (nearly $3,000 monthly) must be satisfied for 12-months after vacating the property, and in fact even in the event of the death of resident, the responsibility for such would transfer to heirs. Can this, sort of provision be successfully challenged? Secondly, in regard to the sale of such property, it appears that the facility has full control in terms of marketing the vacated condo. In this particular case, the controlling corporation continues to build new units on the same property. Such actions would appear to create little incentive to 'move' an existing unit. Can this provision be successfully challenged?What is the name of your state (only U.S. law)?
Question involves the legality of continuing condo "service fees" once 90-year-old mother, who has occupied a wholly owned retirement condo for the last ten years, can no longer care for herself and must move in with her daughter. The original contract states that such fees (nearly $3,000 monthly) must be satisfied for 12-months after vacating the property, and in fact even in the event of the death of resident, the responsibility for such would transfer to heirs. Can this, sort of provision be successfully challenged? Secondly, in regard to the sale of such property, it appears that the facility has full control in terms of marketing the vacated condo. In this particular case, the controlling corporation continues to build new units on the same property. Such actions would appear to create little incentive to 'move' an existing unit. Can this provision be successfully challenged?What is the name of your state (only U.S. law)?