CHILDREN IN SENIOR COMMUNITY

Started by SandraW1 • 9 replies • 1468 views

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SandraW1 (Texas)
Posts: 4

Posted:

We as Board members found out we have a home with 2 school age children living in a age restricted(55) and over. We spoke with owner and gave her 30 days to leave or remove kids (which are not hers)so far nothing has been done.I as a board member want to contacy lawyer, but our President is trying to keep it out of courts. PLus it will cost money.Which is not a hardship as we have plenty in budget. Now could we loose our 55 plus status by having this prpblem? The residents are not coperating, won't answer the door for mailman, etc.. Any one else have the problem or heard of it? Thank You, [email protected]

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is the 30 days up yet? Renter's have rights too. They can stay in a home and NOT pay rent or be evicted from 6 months to over a year legally in most states. So the owner has to be careful when evicting. My renter stayed over 5 months without a single rent payment before I could get the sheriff's department to remove them. Plus it is up to the OWNER and NOT the HOA to evict a renter. HOA should have NOTHING to do with the owner/renter agreement.

Are the kids causing a problem or is it their mere existance? I just wonder what the problem is with having the children in your community. The 55 and older agreement is with the owner's it doesn't extend to their family. Now a days, many people put off child bearing until their in their late 30's and early 40's. It would make sense to see more school aged children living with 55 year olds. Plus many grandparents receive custody of grandkids even if they want to or not. So your saying that your HOA won't allow this situation at all? That's a little ridicolous to demand that if you have children move into your home, you must move out. Or am I missing something here?

Former HOA President

Jadedone4 (Virginia)
Posts: 495

Posted:

Melissa, your response is way off-base. The purpose of an "active ADULT" or "55 and Older" community is to limit the demographic which resides there. Children are not allowed in those communities, to be off-springs of owners, off-springs of renters, or found on the side of the road. This is a clear voiolation of the CC&R's which make up the "personality" of this community, which they decided to create under guidelines of a particular (and legal) demographic.

Yes, in normal situations it would prove difficult to evict a tenant, for infractions like lack of rental payments, etc. However once the thirty days are up, then the children and the adult here are in violation of the CC&R's of the community, and exposed to proper corrective actions.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

SandraW1:
I am in a 55+ community but our documents do give allowances for
'visiting college students' or 'teens' to stay for a short duration.

Are the school age children actually residents of the home or are they being 'babysat' there? Is this person a renter or an actual unit owner?

BradP (Kansas)
Posts: 2,640

Posted:

Sandra:

Has anyone talked to these people? Maybe they are grandparents and the parents of these kids got killed and they are now guardians? Maybe they are dealing with the loss of their own child and are now trying to figure out what to do with their grandchildren? Maybe someone got called to active duty and they are watching them for the summer while the other spouse works to make a living. There are hundreds of scenarios that could play out here.

This is a public relations nightmare waiting to happen for the association, imagine this elderly couple going to the media with this letter and explaining that their son had to go to Iraq and his wife has to work full-time just to keep up on the bills and can't afford child care and out of the goodness of their hearts they are watching the kids for free to help out?

Before all the rules people start flaming me, I understand the rules, but as a board you have to understand that there are circumstances in life that appear out of the blue and aren't cut and dried. I would certainly hope someone would have talked to them and asked what is going on and got an explanation and tried to work with them instead of assuming they are blatant rules violaters and trying to kick them to the curb. If these kids are orphans where are you supposed to send them?

Jadedone4 (Virginia)
Posts: 495

Posted:

Folks, pleare re-read the original post...

States that board contacted/spoke to owner/person.

Kids are NOT theirs.

Nothing has been done to address or correct (i.e. ask for reasonable accomodation for any/all of the reasons that could have resulted in situation), by the owner - according to poster, the owner has ignored the board.

There is no rush to unjustly enforce CC&R's on this owner, the board made contact, obviously discussed it (found out that kids are not owners), it is now up to the owner to stand up to their responsibility to the community. Either request a reasonable accomodation, or move the kids out of the unit.

What does it matter the cause which created the kids being there.. IF .. the owner does not work WITH the HOA to resolve? There must be balance between the HOA's responsibility to ALL residents, and the Owner's responsibility to ALL residents (as in follow the rules that are expected of EVERYONE).

Does the HOA have a legitimate concern about losing, or having the COMMUNITY's status ("55 and older") by one resident's action? Is that fair to the other "X" number of residents who live there?

SandraW1 (Texas)
Posts: 4

Posted:

The board members have spoken to the owner of home and she said she knew the children were NOT allowed. Every one has their own problems, but we as a board has to keep within out docs®ulattions.Yes the children are bothering other home owners. We have to take each case indivually, which we do.

BradP (Kansas)
Posts: 2,640

Posted:

Jadedone:

I did read the post and in mine I never said the kids were their's. I saw the part about how they spoke to the owner, but nothing was said about the outcome or the manner, etc. You can speak through a letter, you can speak through a phone call, you can speak through email or in person.

My point is it sounds like one letter and possibly one speaking arrangement has happened, now they want to run to an attorney. How have they spoken to them, did they say get the kids out now, or did they ask what happened?

I agree that owners need to abide by rules, I agree you need to protect your documents. But I have also seen and have heard that a lot of boards tend to take the high road and play I am almighty you must listen to me. Sometimes all you need to do is talk to the people.

Without details of the conversation I have no idea if that happened, hopefully they did that and if owner is stalling or refusing then further action is warranted.

GloriaM (North Carolina)
Posts: 829

Posted:

Sandra:

Reading all of the posts, it would appear you should elborate more on the details so an objective opinion could be given on the situation. Brad brings up good solid questions as does Jadedone.

Could you give more specific details on the matter?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GloriaM:
Thank you, as a professional, for your request of more elaborate details on this situation.
On a personal note, may I ask all posters to please post as much info as you can with BOTH SIDES explained to assist all in being better able to give a response.

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