California and Senior Community

Started by ShirleyC • 5 replies • 716 views

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ShirleyC (California)
Posts: 117

Posted:

Our CC&R's say we are a senior community an must maintain 80% seniors occupancy.

Our old Board President has told almost everyone that if we were challenged on this we could not win.

So now the owners sale to the first person that comes along.....or tries to.

We have 3 units for sale right now.

Does anyone know if we enforce this or if it is even legal

We are in Central California

thanks to everyone for this site!!
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SheliaH (Indiana)
Posts: 6,964

Posted:

If you want answers to legal questions, you need to be consulting the association attorney. Senior communities DO exist, so I don't know what this guy is talking about. Check the rest of your CCRs and Bylaws to see how the community is to be set up - there may be something about enforcement.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Shirley.

There has been discussion of is the 80% ownership or occupancy. As an example a 40 year old son owns the home but his 65 year old parent(s) occupy the home. A 40 year old son owns the home and lives there but his 65 year old parents live in the home also.

I do not have the answer as I never paid that much attention as it did not interest me.

ShirleyC (California)
Posts: 117

Posted:

thank you for your posts.

for your future reference;

Senior communities are legal;

We can have our attorney send a letter to the title company

if they choose to buy anyway we then enforce our cc&r's and they may have to move out.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Shirley,

Senior communities are authorized by the housing for older persons act (HOPA)

Here is a link to the act:

24 CFR Part 100

Here is a link to HUD, which manages the act:

Senior Housing: What you should know...

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

ShirleyC (California)
Posts: 117

Posted:

CORRECTION;

The above information is incorrect,I spoke to our new attorney Wednesday afternoon. Yes, Senior Communities are legal.

The attorney will not send a letter to the title company. We were advised by the attorney to continue to send with the documents requested by the title co a cover letter for the doc's and stating: Please ask the buyer to read the CC*R's before signing; we are a Senior Community and also said we could attach a copy of the Article in the CC&R;s that cover Senior Community.

The attorney said other than that we cannot interfere in the sale. Once the unit is sold and we know they don't qualify because of their age we can then enforce our CC&R's regarding residency. Our attorney fees will be paid by the buyer.

This from a top notch HOA attorney in California.

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