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age

Started by BonnieG1 • 7 replies • 1388 views

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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

So my understanding of this law is that we can discriminate on the basis of age since we have now programs or activities receiving federl financial assistance. Is that the the way you interpret this? Our Condo Associaiton began in 1981.
TimB4 (Tennessee)
Posts: 21,061
Posted:
There are other age discrimination laws.
Therefore, even if this one law won't apply another could. Can provide an example of how you want to discriminate?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Our documents say a person has to be 57 to live here (a spouse can be yunger). I am trying to find a federal law that trump our state law so that we can allow a 55 year old to live in a unit.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By BonnieG1 on 07/10/2012 6:49 PM
Our documents say a person has to be 57 to live here (a spouse can be yunger). I am trying to find a federal law that trump our state law so that we can allow a 55 year old to live in a unit.

You may need to amend your documents.

At the very least, a simple question to the Associations attorney may be prudent to see if HOPA requires 55 or if the board can restrict it to 57.

This sounds similar to a thread you had a year ago. What changed (if you don't mind sharing)?

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Yes, it similiar. Last year I was not aware that we had to be receiving federal funds before discrimination was not allowed. We also have new Board members.

The item that reminds the same is that the age requirement of 57 is in article 6 of our Master Deed which requires 100% owner approval before we can amend.

We did recently hire a lawyer who we hope can help us update our documents. I like the idea of have documets voided after a set amount of years. It seems as tough Our documents are almost prehistoric.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By BonnieG1 on 07/11/2012 6:13 AM

I like the idea of have documents voided after a set amount of years.

Having documents become void and unenforceable after x years has it's own problems.

What happens if the CC&Rs become voided and the membership (or enough of the membership) isn't willing to renew them?
MattG2 (Kansas)
Posts: 16
Posted:
As far as I can tell, Nebraska does not have a MRTA law on the books.

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