Restrictions on Students

This is commonly done in age 55+ communities but its set in the declarations and covenants when the community is formed. These are attached to the deed. If there is no age restriction in the recorded documents, then the HOA Board cannot just make a rule with an age limit.

Are you in a designated 55+ community?

Our situation is we have a condo community consisting of 3 buildings. 2 were new including a clubroom, and the 3rd is a renovated 10 unit building. Our building is the only one with 2 BR, 2 bath units, which are ideal for college students, in addition to enjoying the games on Saturday. This was the perfect mix of practical use and pleasure when we bought it. We are near a major college football stadium. None of the 3 buildings are adjacent to each other, but all are within a block or so of each other. When I purchased in 2001, my daughter began living there, and did for 4 years. In 2004, the condo association passed a covenant that said when the units are sold that no students (even those of owners) can occupy the building. There are 4 owners in my building (out of 10 owners) that are trying to sell because their students have graduated. We are experiecing many rejections because of the no student rule. The HOA now makes it very hard on students, wathhing their every move on video cameras. We believe our fair market value is being impaired. Two questions....1) is the convenant legal? 2) If our 10 owners agreed (or would it only take a majority?), could we secede from the association and form our own? As I said, we have no common grounds, and feel like the management staff (of which we pay for 2 full time salaries) purposely lets our building go and blames it on the students. Any and all advice would be appreciated.

First, aren't you part of the condo association? A member? Wouldn't a change to the covenants require a 75% or so vote of the members (owners) to vote favorably for it? Were you offered the oportunity to vote on this and did you vote?

And wouldn't excluding "students" require a non student owner to vacate if he or she decided to "go back to school?

I think you need to read all the condo documents very carefully and possibly seek legal advice.

I seriously doubt you could "secede from the association and form our own?"

Slightly off topic: can any legal type tell me why it is illegal to discriminate against someone aged 55, but perfectly legal to discriminate against someone aged 54? Why can I be sued for "age discrimination" for not wanting old people, but no one can say a word about not wanting young people (to a point... if i discriminate against kids, that's bad again).

Yup roger, that's my question. I understand why it's bad to discriminate against people based on skin color, gender, race, etc. I can even buy into the badness of descrimination based on age... but i can't understand the legal logic that says it's okay to tell a 54 year old you can't live here, you are too young. If i can discriminate against him for that, why can't i do it for any other thing (like jobs, etc.)?

Not a "legal type here", but many cultures outside of the USA respect and protect their elders. In the USA, laws are needed for this purpose.

When I was much younger, I thought old people should stay out of the way and not cause problems. As I grew older I began to understand their wisdom and it became my ambition to become an "old person". Now I am one.

As for the arbitrary difference between age 54 and age 55, it's no different than many other arbitrary age differences - Age 20, no alcohol. Age 21, drink it if you like. There are age restrictions on driving, marriage, social security benefits, and so on.

You'll understand as you grow older.

Brian

I assume that you understand that in your scenario the person denying the job is breaking the law while the person denying the home is complying with what the law says he must do. If so, I imagine that you are taking issue with the provision of the Fair Housing Act which exempts age qualified communities for senior (over 55) citizens. And, since over-55 communities could not exist without such a provision, by extension you do not believe they should be allowed.

The Congress of the United States thought otherwise. Recognizing that a large and rapidly growing segment of our population had special circumtances (exiting the work force, highly limited future income growth, generally declining health, special facility needs, geographic separation from children in a mobile society, living in isolated pockets among a world of soccer moms,) understood that over-55 communities could greatly enhance the self-sufficiency of this group. And, they were right in ways that they couldn't imagine.

Anyone who lives in an area with an over-55 community will tell you that far from being a drain on the local economy they greatly enhance it. They are the largest source of volunteers and in addition to paying their own assessments, they fully contribute to a tax base that supports schools and infrastructure.

The law is not entirely arbitrary when it comes to a specfic age either. It allows a 20% margin and in our community we allow exceptions, under special circumstances, down to age 45 as long as we know we are within the law. Children over 19 are also allowed while living with their parents or caring for an older adult.

Maybe weird, but also great.