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Started by RobertS49 • 5 replies • 1538 views

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RobertS49 (North Carolina)
Posts: 6

Posted:

We have been a 55+ community HOA in North Carolina since we were formed in 2004. Our HOA members recently voted to relinquish our status as a 55+ age restricted community as established by the Fair Housing Act and HOPA. Is there any law that says that once we have relinquished our status as a 55+ adult community that we may never reapply for that status in the future?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Robert,

I am not a lawyer. I know of no such law, but as a practical matter it would be difficult to do.

You give up the 55+ status and a family with small children buys a home. Even if all other owners wanted to go back to 55+ you would have to deal with that one family. Not saying it cannot be done but that it could get messy if you have owners who are not over 55.

EllieD (Vermont)
Posts: 446

Posted:

RobertS49,

As far as I understand, yes you can probably go back, I would think in the same way as an Association that is NOT a 55 and older Association converts to (becomes) a 55 and older Association – but rather involved and has to be done correctly following the procedure exactly.

I believe that this is explained in the “hud.gov” links that I just provided under the post Subject: Eliminating Age Restriction.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robert

Many over 55 communities were allowed/desired by local governments as they would not be having children using the local school system especially if there was also not one under 18 allowed to live there.

I would also check with the local government about the dissolution of 55+.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By RobertS49 on 01/10/2014 11:55 AM
We have been a 55+ community HOA in North Carolina since we were formed in 2004. Our HOA members recently voted to relinquish our status as a 55+ age restricted community as established by the Fair Housing Act and HOPA. Is there any law that says that once we have relinquished our status as a 55+ adult community that we may never reapply for that status in the future?

You don't "apply" for 55+ status. You simply state that's what you are. I would assume that as long as you meet the FHA definition of a 55+ community, there should be no problem. However, there may be other (local) restrictions that might apply.

As always, be careful what you wish for.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I expect that the age restriction would be part of the deed restrictions (CC&Rs).

If you decided to abolish that restriction, you would then need to amend the CC&Rs again to reinstate it.

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