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NancyM21 (Florida)
Posts: 1
Posted:
My question is the following. I know the rule is that at least one person must be 55 in the house, but for the 20% that can be under the age of 55, if someone has more than one child living with them, is it still counted only as one and not by the number of children? If so, that could mean that a person could have 10 foster kids and still only be counted as 1 in the 20%? Thanks for your help on this.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NancyM21 on 03/03/2018 11:16 AM

if someone has more than one child living with them, is it still counted only as one and not by the number of children?

That is correct, it is counted as one.

The 80/20 rule refers to the number of homes that is occupied by at least 1 individual over the age of 55.
The number of individuals living within the home is not a factor for this purpose.

Therefore, if House A is owned by someone over 55 but the spouse is 40 that house counts as a senior home

If House B is owned by someone over 55 has their children and children's children living with them and the individual over 55 is on vacation most of the year, that home counts as a senior home.

If House C is owned by someone under the age of 55 but has their 86 year old grandparent living with them, that home counts as a senior home

See: Senior Housing: What you should know... From U.S. Dept of Housing & Urban Development (HUD)

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

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NancyM21 on 03/03/2018 11:16 AM

If so, that could mean that a person could have 10 foster kids and still only be counted as 1 in the 20%?

That would be correct.

Additionally, if that person with 10 foster kids also had a person, age 55 or older, who claims the home is their full time residence, then that home would be counted toward the 80%.
BenA2 (Texas)
Posts: 1,273
Posted:
You are correct. The percentage refers to the number of homes, not people. If there are 100 homes, 80 of them have to have at least one person who is 55 or older. How many people live in each home is irrelevant.
JamesG (Connecticut)
Posts: 83
Posted:
What is even more relevant are the age restrictions in your Declaration. Most age restricted developments require an over-55 resident but also set minimum age limits (such as must be over 21) on others residing in the home. Check you legal documents. The 20% allowable is designed to deal with situations such as a spouse dying, leaving a spouse not yet age 55. It is not there to allow sales to under-55 buyers in violation to the community age restrictions.
GeorgeR8 (Arizona)
Posts: 182
Posted:
Quote:
Posted By JamesG on 03/05/2018 8:56 AM
What is even more relevant are the age restrictions in your Declaration. Most age restricted developments require an over-55 resident but also set minimum age limits (such as must be over 21) on others residing in the home. Check you legal documents. The 20% allowable is designed to deal with situations such as a spouse dying, leaving a spouse not yet age 55. It is not there to allow sales to under-55 buyers in violation to the community age restrictions.

I live in the original 55+. We require a person over 55 in every home. (see question 16 of the link). That is also a county ordinance. Several hundred people have to leave every year( we have over 27,000 houses and condos), sometimes with the sheriff involved. Sometimes there are liens placed on the property.

If the person over 55 leaves for any length of time the underage must leave. There is some kind of loophole for hospitalization and nursing homes. That is to prevent someone buying a home for the kids and just stopping in once in awhile and saying they live there.

You have to be 19 or older to live here.

A widowed underage spouse can stay unless they remarry a person under 55.

I had one in my condo association. He always lived with his mom. She died and he was only 46. He quit opening his mail. Every warning(charge for each warning after the 1st) that wasn't paid was another lien. When he found out about the liens he was shocked. I guess he didn't think they were serious. He paid them off and sold.

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