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BobM5 (California)
Posts: 34
Posted:
Our's is a 55+ condo community in California. In addition to other exceptions to the 55+ requirement for residents, California law states that spouses and registered domestic partners under age 55 may reside in 55+ communities. We have couples who have stated that they are married, even though they have different last names. Since this is not unusual, we do not require that they provide a copy of their marriage license. If we require domestic partners to provide a copy of their state registration, we could be charged with discrimination since we don't require copies of marriage licenses. Should we just not require documentation from anyone or should we require documentation from everyone? This is an issue because we're in Palm Springs, with a population that is estimated at 45% gay and lesbian.
HaroldS (Arizona)
Posts: 906
Posted:
"Should we just not require documentation from anyone..." If that is an option, what is the problem? Harold
NancyD1 (Florida)
Posts: 447
Posted:
Would it make a difference if there is only a couple(2)living in the home? What if I move in with my friend of 5 years and we had been living somewhere, together, as a couple, before, that did not consider these laws. We are not registered with the state as domestic partners. I don't think that any law will remove me from that property unless you request documentation. Then try to enforce it..

I don't think the intent of this law was for you to require documentation of either, spouse or domestic partners. Although registered does give you an out if the HOA wants to get technical. I would be careful and tread lightly on this one.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bob,
More than likely, your documents state that one (1) member must be age 55 and it does not care about the age of the partner or spouse. It is none of any association's business if they are married, common law or whatever. As long as 1 resident is 55 , they are legal to live in the age restricted community. Federal law governs this. Please do not split hairs and start to differentiate between sexual preferences because that IS against the fair housing laws and you could easily lose your 55+ status.

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