Complaint·November 13, 2023

• A review of the continuing care contract executed by both the Provider and the residents revealed that the Provider made plain in its contracts that the residents may not have the same protections as HOA residents. • Specifically, the contract states that the Department of Real Estate “…may not have imposed some requirements on this project which would, in the absence of concurrent jurisdiction with the Department of Social Services, normally be imposed on a condominium project.” • Residents executed the contracts acknowledging the possibility of reduced requirements or protections. • Further – It has been determined that This Department is not responsible for enforcing Department of Real Estate Regulations. The declarations and contracts set out that Sunrise is operating a CCRC and has an exclusive easement to do so. So long as the facility is operated consistent with CDSS’ statutes and regulations, the department has no basis for taking action based on a violation of real estate licensing requirements.