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55 + residency restriction

Started by ThomasR11 • 5 replies • 1226 views

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ThomasR11 (New Jersey)
Posts: 3
Posted:
our asociation located in NJ is for 55 and older and allows one child of a parent to be 19 years and older. can our pos be changed to expand the allowance to two children of a prent 19 and over and if so, what steps need b taken to effect the change?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My math may be wrong cause I am terrible at it but if 1 child is atleast 19 years and older then having more than 1 19 and above shouldn't matter. Are you limiting the number of children that live in the household altogether? What if the family has twins or multiples? They'd all be the same age...

You may want to redefine what your asking better...
Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By ThomasR11 on 03/17/2012 12:44 PM
our asociation located in NJ is for 55 and older and allows one child of a parent to be 19 years and older. can our pos be changed to expand the allowance to two children of a prent 19 and over and if so, what steps need b taken to effect the change?

Are you sure you are interpreting your documents correctly? Usually the requirement is that children under age 19 are not permitted as residents, which doesn't mean the same thing.

Perhaps you could quote the section of the CCRs you are referring to so we could understand it better.
ThomasR11 (New Jersey)
Posts: 3
Posted:
POS excerpt reads "homes must be occupied by at least one person 55 years of age or older...... and one child 19 years of age or older may reside with a parent or parents in any home." Some Homeowners trying to sell their homes have asked if the restriction could be changed to allow two children. Not sure if our documents can be changed in this manner within the State Law, but if so, what steps need be taken to do this. Thank You
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By ThomasR11 on 03/17/2012 2:25 PM
POS excerpt reads "homes must be occupied by at least one person 55 years of age or older...... and one child 19 years of age or older may reside with a parent or parents in any home." Some Homeowners trying to sell their homes have asked if the restriction could be changed to allow two children. Not sure if our documents can be changed in this manner within the State Law, but if so, what steps need be taken to do this. Thank You

I think whoever wrote that requirement was trying to interpret the FHA rules for an age-restricted community and did so incorrectly.

You should read the FHA rules. Your documents can most likely be changed. They should also include, within them, a section on how they may be changed. Your state laws may also specify how this can be done. Keep in mind that changing your governing documents my require a lawyer; they may have to be recorded; and it will likely cost you some money.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
BruceF1 BEST answer...Liked how you put that!
Former HOA President

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