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JakeC (Florida)
Posts: 1
Posted:
Current documents, deed restrictions and convenants designated my community as "Community for Older Persons" - Entrance signs reads "Adult Community 55 +" Currents documents reads "at least 80% of occupied units are to be occupied by at least one persons over the age of fifty-five (55) years of age or older no person under of age of twenty two (22) shall be allowed to permanently occupy any residential unit.
My questions/problem: Attempting to sell my Villa as well as my in laws - gated community with restricted traffic. There is 165 Villas in community - on oposite side of villas community 515 single family homes. Community does have once month open house with gates open for residents selling homes. PROBLEM sign at entrance reads "Adult COmmunity 55 +" yet under current documents occupancy is over the 80% requirement, thus units are avilabale for sale to anyone over 22 years of age with no one under the age of 22 occupying unit. HOWEVER THE CURRENT SIGNS DISCOURAGES PROPOSECTIVE BUYERS. Have made request to current HOA and management company to correct entrance signs but no respond. No where in current covenants, conditions, restrictions does it refer to community as 55 + Need help - need to move to Assisted Indpendent Living Facilities.
JohnC10 (Arizona)
Posts: 106
Posted:
Quote:
Posted By JakeC on 09/18/2007 8:21 PM
HOWEVER THE CURRENT SIGNS DISCOURAGES PROPOSECTIVE BUYERS.

I guess that's the intent. You may eventually be able to get them to change the sign but I doubt you'll be able to change their attitude. So why subject a new owner to a community that doesn't really want them?
NancyD1 (Florida)
Posts: 447
Posted:
Your community needs to qualify for one of two requirements to meet the over 55 status.

1. The housing is designed and operated to assisst elderly persons and is intended for, and soley occupied by, persons 62 years of age or older.

2. The housings is intended an operated for persons age 55 and older but must meet the following requirements;
a. At least 80% of the occupied units are occupied by at least one person age 55 or older.
b. The facility or community publishes and adhears to policies and procedures that demonstrate its intent to in fact be a provider of housing to older persons.
c. The facility or community must comply with the rules established by HUD for verification of occupancy.

2b is why the sign will not change. FL Fair Housing Laws require that they publish that the community is over 55. It is supposed to be a given that individuals know the Fair Housing laws and that there can be a 20% occupancy of persons under the age of 55, but over the age of 22.

Some communities have signs that say "active community" which may be less objective.
NancyD1 (Florida)
Posts: 447
Posted:
It is also a requirement for a real estate sales person to inform the prospective buyer about the law and the status as to the percentage of under 55 occupied. It may also be that your community is to capacity, by state laws 20%, of owners under the age of 55. This has nothing to do with the sign though.

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