55 plus community

The governing documents of the association should have been provided to you prior to closing. These documents outline what the association can and cannot do. However, retirement communities have several additional laws - mostly federal - which control what these documents can and cannot say. If you did not receive the documents (this is the responsibility of the seller, and therefore your real estate agent / closing attorney) then you need to contact the management company, or the county court land records and obtain a copy.

Generally speaking, retirement communities require at least 80% of their membership to be over a certain age (most are 55+, but there are a few which are 50+, and others which are 65+), and/or one homeowner to be above the age requirement.

Actually they do. Fed guidelines recommend that this 'age certification' for 55+ communities abiding by the "80%" rule be done at least every other year.

As I understand it, the reason for the 80% bogie is the recognition that only one occupant per unit need be 55 yrs or over. In a large community, there's always chance that the one older (qualifying) occupant dies. The 80/20 percent rule was intended to afford the community sufficient 'wiggle room' for the COMMUNITY to stay in age-restricted compliance in that event.

SandyS,

Would you be willing to post the words from the CC&Rs that indicate that ALL residents must be 55 and over?

Hi Ellie,

I will directly quote the CC & R's adopted by the Board and recorded in 1984. There have been no amendments to this section of the CCR's.

Article III
USE RESTRICTIONS
Item 22
RESTRICTIONS UPON OCCUPANCY
"The development is designed as an adult retirement community and is appropriate only for that purpose. Each owner agrees that he will not permit anyone under the age of fifty-five (55) years to reside for a single period of time longer than thirty (30) consecutive days at any single time, and that such visits, regardless of length of such visits, shall not occur more often than once every six (6) months. No unit owner shall sell or lease a unit owned by him where such sale or lease would result in such unit being occupied by a person under fifty-five (55) years of age."

I understand what it says. I believed that there was/is a reason Del Web and K Hovnanian (the major 55 plus builders in California) use the rule that one of the occupants must be 55. So I am just trying to figure out if they really can fully restrict this.

We bought our first unit there 10 years ago, my Mom lives in it. She has always been in compliance with the age restriction.

We own a home in Southern CA which we both occupied until recently.

Our living arrangement has changed out of necessity. We own a business in N California and the manager resigned, forcing my husband to come out of retirement and run the business until we can hire someone else. We liked the little community to we purchased our prior condo in so we decided to buy another for my husband while he is up there. I want the ability to stay with him for extended periods of time and as the CCR's are written there is not really a way for me to do this. Crazy right??? Need a little help and or direction on what I can do?

Thanks to all that respond, I appreciate your comments and support.

Sandy

Hi,
So the definition of owner is:
"An owner means each person or entity holding a record ownership interest in a condominium, including declarant, and contract purchasers under recorded contracts. Owner shall not include persons or entities who hold an interest in a condominium merely as security for the performance of an obligation.

Unfortunately, the HOA will make it an issue. I am attempting to get elected to the Board so that I can hopefully get support to change this restriction among other things. I was just hoping that some presidence had already been set that I could utilize toward sharing with the HOA so that I could help the decision making process for the change not about me but about a restriction that is outdated.

This is a small complex-54 units. My husband is one of the younger ones there so I look exceptionally young to most residents.

Anyway, thanks again for all the comments I am receiving.

Sandy

SandyS5,

You posted that your CC&R’s were written in 1984, and that there have been no amendments to the Article III USE RESTRICTIONS Item 22, RESTRICTIONS UPON OCCUPANCY, "The development is designed as an adult retirement community and is appropriate only for that purpose.

Since your CC&Rs pre-date HOPA and “55 and over”, your Documents probably will need updating.

I just posted some information on the thread “55 Plus Communities in CO” started by AliceS3, re: “The Housing for Older Persons Act of 1995 (HOPA) that should also provide you with information that you can share with your Board and HOA.