children in a 55 + community

I say the BOD could set up some sort of "waiver" as the owner needs care.

Honestly, I would not grant the waiver. That would open the flood gates, then you have a nightmare on your hands and will lose
your 55+ status.

I second Tim's recommendation about talking to a knowledgeable attorney about this. Fair Housing laws are unforgiving and penalties for violations can be steep. It's also very easy for HOA boards to get things wrong, and the consequences in a 55+ community can be worse (all the usual penalties and losing your 55+ designation on top of it). The HOA should have policies and rules that spell out things ahead of time so that boards aren't flailing around whenever something unexpected happens. Even so, individual circumstances can vary.

Our attorney told us to contact them the minute we get a whiff of a possible Fair Housing issue so that our interactions with the homeowner dotted all the i's and crossed all the t's. The laws are that nitpicky and full of landmines.

Our HOA went through a very similar situation. Some thoughts:

First, this cannot be taken lightly. Granting a waiver could make it difficult to enforce your age restriction in the future. If you don't give a waiver you could face a lawsuit from the homeowner. If you DO give a waiver you could face a lawsuit from other homeowners -- and they may even sue the homeowner in question, as well.

As far as consulting an attorney for advice, I believe this is premature. No threat of legal action is pending, and my experience has been that attorneys will give you a lot of talk but not necessarily any actionable advice for something like this. FHA does require Association's to make "reasonable accommodations" for disabled residents. This law is very specific, and while you never know how a judge might rule the letter of the law would not appear to apply in this case. Still, it is best to avoid a lawsuit if you can.

A lot of this depends upon the mood of the rest of the homeowners. If they generally agree this situation should be allowed, then I would craft a waiver as specific as possible to minimize the chances of setting a dangerous precedence. For instance, the waiver should include:

* A clause that this is temporary. Perhaps one year to give them time to either sell the home or find alternative homecare.
* If you have amenities where children are not allowed, make sure the waiver specifies that this homeowner must abide by the amenity age restrictions.
* Require the homeowner to provide documentation from a doctor that homecare is required.
* Crafting the waiver is where I would involve the attorney, letting him know your goal is to make certain you will be able to enforce your age restrictions in the future despite this waiver. This would also lessen the chances that other homeowners might sue for your failure to enforce your covenants.

Good luck.

I just want to point out a few considerations - as others have noted, tread carefully. Cases like this should be treated individually. Talk to your lawyer.

We don't know the condition of the elder involved. Some people cannot be reasonably moved due to pain or mental status. Changing someone's environment can lead to decompensation or they may be physically unable to tolerate the move (or movement in general) due to pain. Decline may be slow, so a deadline like a year may not be appropriate. We also don't know if it is reasonable to expect she will be able to find paid care or new housing she can afford, or how saleable the units are. Around here, it is common for elders to make just a little too much to get significant aid but not enough to afford the $30/hour or so it costs to hire care.

I know some property owners are obsessed with HOA rules and enforcement, sometimes demonstrating loss of compassion, absurdity, or illegality.

But even when a rule is legal, HOA rules need to be leavened with compassion. Thankfully law does provide some limits preventing certain absurdities like banning of service animals or children in non-55+ communities.

I'm sure that if it's appropriate, with your lawyer's help you can craft a one-off that fits the circumstances appropriately without opening the proverbial gate to everyone.