over 50 community?

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Nicole from CA indicated that she lived in an over 50 community, My understanding that in order to be considered a senior community at least 80% of the units needed to be occupied by at least one person who was 55 years or older.

Before I was on the Board the Board had a Board vote to permanently lower the age of residency to 50. I have been telling people two things regarding this vote.
1. The Board can not amend our documents with a Board vote
2. If did lower the age to 50 this could no longer be considered a senior community and we would have to let any adult move in including young adults with small children.
Am I incorrect? Can we lower the age to 50 legally and still be considered a senior community?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Bonnie,

See Implementation of the Housing for Older Persons Act of 1995; Final Rule from HUD.

and

Questions and Answers Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA)

US Dept. of Housing and Urban Development Senior Housing: What you should know... web page

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Quote:

Posted By BonnieG1 on 09/18/2014 4:47 PM
Nicole from CA indicated that she lived in an over 50 community, My understanding that in order to be considered a senior community at least 80% of the units needed to be occupied by at least one person who was 55 years or older.

Before I was on the Board the Board had a Board vote to permanently lower the age of residency to 50. I have been telling people two things regarding this vote.
1. The Board can not amend our documents with a Board vote
2. If did lower the age to 50 this could no longer be considered a senior community and we would have to let any adult move in including young adults with small children.
Am I incorrect? Can we lower the age to 50 legally and still be considered a senior community?

1 ~ correct, the BOD may NOT unilaterally modify the CC&Rs

2 ~ correct, HOPA only allows for 55+

IMO: y'all are no longer a valid senior 55+ community as y'all have shown no intent to follow the laws permitting said communities

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Ditto Tim.
Ditto John.

Also, did you know the law requires that you have on file valid documentation showing that the HOA has verified the ages of the occupants? And, that information must be updated periodically (although, I never understood this since people don't get younger).

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By JohnB26 on 09/19/2014 6:28 AM

Posted By BonnieG1 on 09/18/2014 4:47 PM
Nicole from CA indicated that she lived in an over 50 community, My understanding that in order to be considered a senior community at least 80% of the units needed to be occupied by at least one person who was 55 years or older.

Before I was on the Board the Board had a Board vote to permanently lower the age of residency to 50. I have been telling people two things regarding this vote.
1. The Board can not amend our documents with a Board vote
2. If did lower the age to 50 this could no longer be considered a senior community and we would have to let any adult move in including young adults with small children.
Am I incorrect? Can we lower the age to 50 legally and still be considered a senior community?

1 ~ correct, the BOD may NOT unilaterally modify the CC&Rs

2 ~ correct, HOPA only allows for 55+

IMO: y'all are no longer a valid senior 55+ community as y'all have shown no intent to follow the laws permitting said communities

We are a senior 55+ community as we have basically ignored the previous Board's decision to lower the age. I have told our community that if we lowered the age to 50 we are no longer a senior community. I just hope Board members in the future understand this concept. Everyone legally living here is at least 55. A new couple will be moving in with the wife 62 but the husband younger than 55. Also we have told more than one person they could not move in because they were not at least 55 years of age. One was a 49 year old disabled man who either called himself or other people called on his behalf in hopes of being allowed to move in. Each time whoever he talked to told him he could not move in because he was not old enough.

I also know that 20% of our units can have a person or persons under the age of 65 but this provision is basically for someone that may inherit a unit or for the situation of a spouse dying and the young spouse remaining in the unit.

And yes we do know we need to verify the age. The reason for this may be because of new residents.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bonnie

I am not nor do I play lawyer.

I believe in the case of joint ownership (married or not) one of the owners has to be +55. The other does not have to be.

So a fellow at 55 with an 18 year old wife would qualify.

Now what happens when she "runs" him to death and she is the sole owner, I do not know. I love the concept of her "running" him to death, but another subject.

RayC4 (Virginia)
Posts: 173

Posted:

Quote:

Posted By JohnC46 on 09/19/2014 3:01 PM

So a fellow at 55 with an 18 year old wife would qualify.

Now what happens when she "runs" him to death and she is the sole owner, I do not know. I love the concept of her "running" him to death, but another subject.

As Bonnie points out, that situation is the whole reason for the 20% 'wiggle room.' The 18 yr old wife can remain occupant but would be included in the 20% (and not the 80% as the unit was before she was widowed). This is also why HUD recommends that communities exercise care that they don't get 'too close to the edge' of the 80/20 count.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Just a side note.

Although I didn't Marry when I was a teenager, my husband was 32 years my senior and he wore me out. When he got his pacemaker I was tempted to ask my doctor for a pacemaker so that I could keep up with him He did leave this world at the age of 89 and our doctor told me that he lived as long as he did because he had me.

GeorgeR8 (Arizona)
Posts: 182

Posted:

Quote:

Posted By JohnC46 on 09/19/2014 3:01 PM
Bonnie

I am not nor do I play lawyer.

I believe in the case of joint ownership (married or not) one of the owners has to be +55. The other does not have to be.

So a fellow at 55 with an 18 year old wife would qualify.

Now what happens when she "runs" him to death and she is the sole owner, I do not know. I love the concept of her "running" him to death, but another subject.

If a surviving spouse is under 55 they can stay. The exception would be if they remarried someone under 55. Where I live the surviving spouse would have to be at least 19.

RayC4 (Virginia)
Posts: 173

Posted:

Quote:

Posted By GeorgeR8 on 09/21/2014 5:40 AM

Posted By JohnC46 on 09/19/2014 3:01 PM
Bonnie

I am not nor do I play lawyer.

I believe in the case of joint ownership (married or not) one of the owners has to be +55. The other does not have to be.

So a fellow at 55 with an 18 year old wife would qualify.

Now what happens when she "runs" him to death and she is the sole owner, I do not know. I love the concept of her "running" him to death, but another subject.

If a surviving spouse is under 55 they can stay.

That is true as long as the 80/20 percent bogey is still in tact. If that event pushes the community over the "20% under age" rule, the community has effectively blown their 'age-restricted' status. (The wife can stay, but now anyone can therefore sell their property to any age.) Not very fair to the many who thought they bought in to a 'senior community'. Alternatively, someone (or the HOA) could challenge the continued occupancy of the young wife legally. Not nice, but that would not be a frivolous law suit.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

As of today the only resident that is under the age of 55 is the wife of a man who is 55. Soon a couple (the wife is 62 and the husband 49). These are the only two people who will be legally occupying a unit that are under the age of 55. We area very conservative about this rule and the current Board does not let anyone move in unless they meet the age requirement.