Not really a 55yr+ community

Started by SueK1 • 5 replies • 1197 views

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SueK1 (Florida)
Posts: 2

Posted:

Our HOA ( FLD) just discovered that after many years of being told
incorrectly , we are not legally a 55yr+ community. With a new board
president & new lawyer now, we are hoping to correct ASAP. However,
there are some folks that think it not necessary as our CCR's say
" no one under 18yr can be permanent resident"
( that appears to be illegal without the 55yr+ in our legal recorded papers).
We have had 2 legal opinions to say we need to get the vote in to change
to 55+ & recorded. If this fails the vote next month, what steps
are left except to sell before the community has young families moving in?
There seems to be a vocal cadre that think they know more about the law
than the lawyers.
Unfortunately, our board is set to turnover & this cadre will probably
be in power. In the past they felt it unnecessary to call the lawyer for
advice causing added legal fees to correct.

GlenL (Ohio)
Posts: 5,491

Posted:

Sue I'm not an attorney but IMHO the clause in your CC&Rs without the proper filings is worthless and since you all have been notified that you are not a valid 55+ community, you lose the "good faith protection clause" of the act. If it doesn't pass you have the option of selling or trying again but without it, get ready for the youngin's. You might want to do a net search for HOPA (Housing for Older Persons Act) these are two fact sheets I found that might help you:

http://www.leadingage.org/uploadedFiles/Content/Members/Legal/Fair_Housing/HOPA%20-%20Housing%20for%20Older%20Persons%20Act.pdf

http://www.flcaj.com/pdfdocs/Richard%205.pdf

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

SueK1 (Florida)
Posts: 2

Posted:

Thanks---have to hope the lawyer convinces the majority.
There's talk of a class action suit as we were all sold under false pretenses, however there are no "deep pockets to sue"--not even a lint ball.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

O-M-G

! YOUNGINS !

? What will they do to me next ?

!? Remove my wall and make me part of the real world ?!

The HORROR ~ THE HORROR

Crawl into your hole already!
HAPPY NEW YEAR
PEACE ON EARTH TO ALL MEN OF GOODWILL

ps. I also live in a 55+ community, but am in denial

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JohnB26 on 01/01/2014 7:22 AM

I am in denial.

You what they say: Denial ain't just a river in Egypt.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

good one

at least it is not hot (water)

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