Admendment

Started by IvyT • 6 replies • 1881 views

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IvyT (Georgia)
Posts: 11

Posted:

I am a resident of a condominum community Georgia, we just became independent, we are wanting to make our community a 55+ (only), we have read our bylaws and understand how the process should work as far as having the appropriate number of community votes, however when it comes getting this file into the county courthouse is where we need help and how much would something like this cost the community. I greatly appreciate any advice you may share with us. we are wanting to do several admendments.

Thank you

TimB4 (Tennessee)
Posts: 21,059

Posted:

Ivy,

I would recommend you contact a local attorney for the answer or start at the county courthouse for a list of filing fees.

I'm not sure that the Bylaws is where the language needs to be. I believe that it needs to be part of the CC&Rs (the deed restrictions). You might want to ask the attorney about that as well.

KevinK7 (Florida)
Posts: 1,343

Posted:

I would think for such a conversion to take place you would require 100% approval from the membership. After all, the C&Rs are a contract entered into by an individual and certain expectations are to be had. To radically change the scope, such as limiting residency based on age would essentially be establishing an entirely new association and anything less then 100% would be legally iffy (not quite sure "iffy" is the legal term).

GlenL (Ohio)
Posts: 5,491

Posted:

Along with what Kevin posted, you would need approval of any first mortgage holder. Radically changing the covenants to an age restricted HOA could invalidate the current mortgages.

Studies show that 5 out of 4 people have problems with fractions

LarryB13 (Arizona)
Posts: 4,099

Posted:

Ivy,

I would also recommend securing the services of an attorney. There is an Arizona case that I have cited way too many times before where a condo tried to convert to a 55+ community by amending the bylaws and not the covenants. The court ruled that a bylaw amendment cannot be substituted for an amendment to the declaration.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It would be very hard to covert your existing HOA into an exclusive 55+ community. The paperwork has pretty much been written. However, I do have a suggestion. Your HOA could advertise itself as a 55+ type community unofficially. Reputation of the type of people who live in your HOA can get around by word of mouth or lending indications of such. Your HOA gets a reputation for being for an older set of residents less young people may want to buy.

Since a 55+ community can NOT limit age restrictions anyways even according to the official documentation if you converted. They still have to allow a certain number of younger people to move in. Age discrimination is against FEDERAL laws.

However, if your HOA establishes a reputation for being an older community. I'd recommend the owners who want to sell to tell their realtors it is a preferred 55+ community that would help. You may get away with a sign indicating it is for an older community by advertising. I've seen signs for "Adult Swim" communites that would deter buyers with kids from wanting to buy. This could make it much easier than trying to talk to all the mortgage companies and filing official paperwork.

Former HOA President

JohnB26 (South Carolina)
Posts: 1,569

Posted:

HOPA of 1995 granted (under specific rules) an exemption to the Fair Housing Act.

'oh, what a tangled web we weave,....'

imo: the whole point was to get all us old fogies hidden away behind our gates and out from underfoot

we did not lock them out ~ they, in fact, allowed us to lock ouselves in

an old retired codgy

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