age question

Started by BonnieG1 • 3 replies • 1230 views

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BonnieG1 (Nebraska)
Posts: 1,186

Posted:

We are a senior retirment condominium established in 1981. (This is related to my previous underage visitor question).

Our documents state "Each Occupant, and each Owner residing in an Apartment shall be at least fifty-seven years of age, provided however, such restriction shall not apply to the spouse of an Occupant or Owner residing in an Apartment.

I read my earlier post that the HUD regulations just require on person living in an apartment to be at least 55 yrs of age. According to HUD the other person who is underage doesn't even need to be related to the one 55 or over. I think HUD made there ruling some years after we were established. If that is the case we can not enforce the provision that only a spouse can be underage and living in a unit.
Is this correct?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By BonnieG1 on 08/14/2011 2:31 PM
We are a senior retirment condominium established in 1981. (This is related to my previous underage visitor question).

Our documents state "Each Occupant, and each Owner residing in an Apartment shall be at least fifty-seven years of age, provided however, such restriction shall not apply to the spouse of an Occupant or Owner residing in an Apartment.

I read my earlier post that the HUD regulations just require on person living in an apartment to be at least 55 yrs of age. According to HUD the other person who is underage doesn't even need to be related to the one 55 or over. I think HUD made there ruling some years after we were established. If that is the case we can not enforce the provision that only a spouse can be underage and living in a unit.
Is this correct?

Your documents can be MORE stringent than the government requirements. They just cannot be LESS stringent.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Bonnie,

It's possible that you are correct. Even though your governing documents can typically be more stringent, it would also depend on the actual wording in the law. Do you have a link to that law?

Tim

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Tim,

I believe the government requirements we are speaking of are those contained in the Fair Housing Amendments Act of 1988. That should be available online. According to our attorney (in a newsletter published in 2006) the requirements in that act are minimum requirements which must be met. As an example, the federal requirements are that at least 80% of the units must be occupied by at least one person who is 55 years of age or older. However, our town requirements for an age-restricted community are that 100% of the units must be occupied by at least one person who is 55 or older, with certain specific exceptions (such as a unit that is inhereted by a child under 55). I believe the requirements can also be found under title 24cfr.

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