rent verses caretakers(no payment)

Started by LeeH4 • 4 replies • 1713 views

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LeeH4 (Florida)
Posts: 1

Posted:

We have a situation where a couple in their 40's in our 55and Older Retirement community goes from renting 3 to 6 months to caretakers(no charges). The couple takes care of their relative home while they are up North for 6 months. We here in the community do not feel this is right. Some how the President of the board agree to renting and states he can not do anything about a relative care taking of a home. Is their a statue that states no one under 55 and Older community can be a care taker of a relative home.
Thanks
Lee-Titusville, Fl

LarryB13 (Arizona)
Posts: 4,099

Posted:

Thank you for reminding me why, even though I am well past 55, I have no desire to ever live in a community of old farts who do nothing but stick their noses into everybody else's business and then complain about what they find. The best thing about 55+ communities is that it puts all the rotten apples in one barrel. Have you ever considered doing something useful with the rest of your life?

PitA
Posts: 311

Posted:

Is their a statue that states no one under 55 and Older community can be a care taker of a relative home.

NO

There are, however, statutes specifically PERMITTING said action.

See the HUD guidelines re: HOPA 1996

TimB4 (Tennessee)
Posts: 21,059

Posted:

As John pointed out, the Housing for Older Persons Act allows such things to happen. If you utilize the link I provided on the act, you will have access to HUDs website on that act. It contains a lot of good information anyone who lives in an age restricted community should be aware of.

GenoS (Florida)
Posts: 4,276

Posted:

My HOA has a covenant restriction that homes may be rented as long as the term of the lease is at least 1 year. We have several homes with absentee owners whose relatives occupy the property. They are technically not "renters" if they are relatives, at least that's what our attorney says, and all it takes is for the owner to assert they are his "relatives", and the HOA's hands are tied. What used to traditionally be considered "family" 35 years ago, when our CCRs were written, is no longer necessarily applicable in the eyes of the law today since social mores have changed over the years. Our attorney also told us to tread lightly if we want to enforce our "minimum lease one year" restriction after being informed by the owner that his or her family is living in the home.

I would imagine in a 55+ community the same considerations would hold, although there may be other laws in effect that I'm not familiar with.

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