Need Fl attorney on HOA 55+ laws.

Started by IslamM • 4 replies • 1317 views

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IslamM (Florida)
Posts: 67

Posted:

I had understood for years that in a 55+ there can be a person over 18 residing as long as there is a 55+ person living in the same unit? Never under 18, this is how I remember interpreting it? Now in this HOA in Fl they have 2 bedrooms and 1 bedroom units. The 66 year old widow wants his 40 year old son to move in with him for company and the Board tells him his son can only stay 59 days no longer than that? I find no sense if I have a 2 bedroom in a 55+ does that mean that the four people allowed there have to b 55+?? Do you find this logical? After this I really would like to know about the 80/20 rule? Is confusing I also believed that if the 80/20 rule means that a percentage of certain age people can be allowed to reside wouldn't this assist this case since there is on 1 person living in the building under 55 with her mother but they say she was grandfathered in? Really confusing.

I thank you all for sharing you knowledge to support helping and supporting others.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Islam,

I would suggest asking the question directly from the agency in charge of administrating the act.
Here is a link to their website:

Senior Housing: What you should know... a Housing and Urban Development (HUD) website.

Here is a link to the Housing for Older Persons Act (HOPA)

Here is a link to the acts Frequently Asked Questions (FAQ)

PitA
Posts: 1,416

Posted:

Your Covenant is allowed to be MORE restrictive and 'may' require ALL occupants to be 55+.

HUD and HOPA merely govern the MINIMUM requirements for a 55+ community, your CCRs will determine what the SPECIFIC contractual requirements are.

? Have you actually read the Covenants and Restrictions ?

! Do so until you UNDERSTAND same !

When you signed your deed you signed agreement with same.

ArtT5 (Illinois)
Posts: 84

Posted:

What PitA said.

Folks at HUD will tell you that under their rules there's no problem having a permanent resident under the age of 55 in the home. It's a qualifying home if there's at least one resident age 55 or older. You won't need a lawyer to confirm this is the case.

But an association can can have stricter rules, and HUD is fine with that also, so you need to know what the governing documents say. Probably not too hard to figure this out if you lay your hands on the relevant documents. Three possibilities here: (1) the board is correctly applying the rules in the governing documents, which would be tough luck, (2) the board is under a mistaken impression as to what HOPA requires, which may be relatively easy to correct as the law on this point is not at all complicated, or (3) the board doesn't care what the law or the governing documents say, and just want to keep this younger person from living there, in which case a lawyer may be needed to get the board to behave.

IslamM (Florida)
Posts: 67

Posted:

Thank you! You gave a good point, I checked our original CCR's don't mention but I did find an amendment allowing 40+ while a 55+ resides in same. I wonder if such amendment is valid when done without owners vote?

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