changing to a 55+ community

Jim,

You are correct that HUD administrates the act.

I suspect you will need to change the CC&Rs/Master Deed to make that happen.
It's also possible that you will need to have 100% approval.

Best to talk with an attorney on this one.

Here are some links:

Housing for Older Persons Act of 1995 The initial law from the government Printing Office

Housing for Older Persons Act (HOPA) The rules/regs for the implementation of the act From HUD

Senior Housing: What you should know... from HUDs website

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

Senior Housing Meets Growing Demand but Must Comply with Strict Eligibility Rules a 2007 article. One interesting thing in that article:

"Developers who are planning senior housing projects with HUD’s 55-and-older rules in mind need to be aware that many cities and towns have adopted far more restrictive zoning by-laws. Some eliminate the 20 percent “open” occupancy the HUD rules allow, requiring that 100 percent of the units be occupied by age-eligible residents; others establish a maximum two-person occupancy limit and require that both occupants, not just one, meet the age requirement."

....lol...tooo funny! Thanks!

oljim, in texas

Jim,

One thing to check on is whether Texas allows amendments that make property restrictions more, uh, restrictive. There is a body of common law that says you can use amendments to loosen the restrictions but not to increase them. This has been adopted in some states (Arizona) and rejected in others (Colorado). Of course, if 100% of the owners agree then it does not matter.

This is one of those situations where you want to get a full-blown Memorandum of Points and Authorities from your attorney before you go down this road if you do not have 100% agreement for the change.

BTW, the only good thing about 55+ communities is that it puts all the rotten apples in one barrel. I do not mind if they do not want my kids around but they do not want their own kids around, either.

AMEN to that, Larry.

I actually live in my self inflicted prison, locked away behind my (ha ha) security entrance gate.

Said gate had a manual swing by-pass installed "just in case it breaks down" rendering the gate useless for security. But it does look nice.

! WE CAN STILL GET OUT ~ BEWARE !

As I have said before: ..... a fine line between .....

I live in a 55+ community. I would advise against changing your status. Getting Board Members can be quite difficult. At least getting Board Members that actually read the documents is difficult. Also some older people are living in the past when it comes to the cost of items.

But if you do want to do this Tim has given some excellent sites for information.

Although a certain percentage of units that can be occupied by younger people, we prefer a younger person either inherits a unit or is a widow(er) of an older person that occupied a unit.

Jim,

We have many 55+ communities in the Phoenix areas and find many housing controversies arise from that status.

A common problem arises when someone suddenly finds themselves needing to raise their grandchildren. There is a holy fit if they are under 18 years of age.

Another problem arose a few years ago when the elderly owner of a condo died and left the unit to her 45-year-old disabled son, who had resided there with his mother for many years. The other owners initiated legal action to toss out the handicapped man because he did not meet the age requirement. I do not know the outcome of the story.

There are many unintended consequences for being a 55+ community.

Not if 'Grandma' does it right and obtains 'legal guardianship'.

Then, the 'kids' may remain as per Federal Statute.

As may any (under age) actual children of a 55+ resident/owner.

Read the above and weep, all you proponents of child hating.

If y'all wish to place wagers I shall be happy to collect your money.

Federal statue, are you serious?

Federal Law, This was a typo. I meant Federal Statute. I guess the typo is good for a laugh.

Why would one expect the president of the Board of Directors of a corporation which operates a 'senior community' to comprehend HOPA ?

ps. HOPA gives 'some' exemption from the 'Fair Housing Act', but does NOT eliminate all its' provisions. Parents and legal guardians may actually keep their children/wards AND have equal access to housing.

Thanks Tim. You are helpful and understanding. I never actually wanted this position, but now that I have it, I want to do my best.

I did find that PITA may not be 100% accurate and might have lost the bet had someone actually bet him. I was hoping he was correct.

Several commenters addressed specific actions of communities purporting to be senior housing. These include such matters as requirements that occupants join a homeowners association (HOA) or whether a community must allow an under-aged heir to reside in the community or the grandchild of a resident. None of these matters are directly affected by the rule. These types of issues are governed by private contractual agreements and local laws and practice. If there is no independent law, deed restriction or other legally enforceable requirement that an individual join a HOA, it is not required by HOPA. Additionally, although HOPA would allow underaged heirs, or minors under the age of 18 years of age to reside in, or visit, housing for persons who are 55 years of age or older, it does not require it. HUD philosophically supports a compassionate community which has provisions allowing some flexibility where the exemption would not be destroyed by that flexibility, but there is no direct legal authority under the Act.

However, there IS authority under the Federal Fair Housing Act.

HOPA granted a LIMITED exemption to said act.

IMO: so that us old fogies could run away and hide out of sight

I would prefer to give a waiver than to go to court. A waiver is a lot less expensive and less time consuming. Of course since I am just one vote on the Board, I could be voted down.

We have a similar situation only it is the man's 17 year old. natural daughter. He will be moving in with his girl friend in about 3 weeks. At first I was going to fight letting the daughter come, but have changed my mind. In NE the age of majority is 19 so the man will be his daughter's guardian for about another year and 1/2. But once she is in (in my opinion) she can stay.

From what I have read if a community wants to become a senior community people with children can not be forced to move, but if a community is already a senior community people with children can be prevented from moving into the community.

I have been asked before about a man 55+ with a 30 year old wife has a child, what would we do. If it were a 2 bedroom unit, we let the baby stay is what I say.

It matters NOT what you say.

Us 55+s do NOT rule society.

The BIG covenant does ~ ie. the Constitution and Federal Law, e.g. the Fair Housing Act

A parent, by definition, is the legal guardian of their child(ren).

Should parents separate/divorce one may be awarded custody w/o the other losing guardianship.

A grandparent could be awarded custody w/o guardianship.

Foster care is exactly that: paid custody w/o guardianship.

NO community, repeat NO, can have a person's child removed from said community based solely on age.

NO community, repeat NO, can have a person's 'guardianee' removed based solely on age.

The 'fly' is that MAYBE they could be barred from moving in with children under HOPA, but once in all the 55+ bets are off when guardianship/birth (NOT MERELY CUSTODY) occurs because it in in society's interest to protect the child.

Us Old Farts simply need to remove our hearing aids and stop driving when children are out and about behaving normally.

ps. the amount of water wasted in our pools by splashing children is, however, ENORMOUS

Can someone explain why you would want to change to a 55+ community?

Yep, they tried BEFORE HOPA (1995), but AFTER the Fair Housing Act (1968).

This nation, regardless of what many THINK, is governed by (Federal) law.

HOPA is a LIMITED VARIANCE to the Fair Housing Act.

The key being the word LIMITED.