LuisM6 (Florida)
Posts: 1
Posts: 1
Posted:
What is the general consensus on dealing with relatives of owners who apply to be permanent residents, but are under age of the 55 and over rule ?
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approving for residence an under age (for 55+) applicant
Started by LuisM6 • 5 replies • 153 views
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ElleN (Idaho)
Posts: 1,333
Posts: 1,333
Posted:
LuisM6,
First, to review: the federal "Housing for Older Persons Act" (HOPA) is the controlling law here. The HOA should want to retain the protections that HOPA provides. To do this, for one thing HOPA says 80% of the homes must have at least one resident of the home who is 55 or older. This means that your HOA will retain HOPA's protections even when people who are under 55 reside in homes.
Second: But the whole point of a 55+ community is to keep out noisy et cetera youngsters. This brings us to the third point.
Third: What do the current covenants (not board-created rules) say about who can live in this HOA?
First, to review: the federal "Housing for Older Persons Act" (HOPA) is the controlling law here. The HOA should want to retain the protections that HOPA provides. To do this, for one thing HOPA says 80% of the homes must have at least one resident of the home who is 55 or older. This means that your HOA will retain HOPA's protections even when people who are under 55 reside in homes.
Second: But the whole point of a 55+ community is to keep out noisy et cetera youngsters. This brings us to the third point.
Third: What do the current covenants (not board-created rules) say about who can live in this HOA?
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
If it's a 55+ community, simply deny the application because they re under 55. If your application doesn't have language to that effect, you may want to talk to your association attorney to update it.
Also remind current residents of what federal law has to say, noting the applicant doesn't get a pass because he/she is a relative of someone who's 55+. I've heard of some communities that allow ONE person in a household to be under 55, such as a spouse, so you may want to check your communitys documents to see if that's allowed.
Also remind current residents of what federal law has to say, noting the applicant doesn't get a pass because he/she is a relative of someone who's 55+. I've heard of some communities that allow ONE person in a household to be under 55, such as a spouse, so you may want to check your communitys documents to see if that's allowed.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
An over 55 community is just that. Unless required by law or CC&Rs, the answer is no.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
If they are living with the member who is over 55 you may want to check with an attorney before making that decision.
MarshallT (New York)
Posts: 414
Posts: 414
Posted:
It depends, but many 55+ communities permit 20% of residents/owners to be under the age of 55. You may want to add something in your governing documents to address this if there isn't anything right now.
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