💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MarykayB (New Mexico)
Posts: 2
Posted:
In the HOA I live in (New Mexico) we are seeing very little purchase activity. Many owners are leaving their homes vacant and in the hands of rental agencies. We have a problem with under 55 renters coming into the neighborhood. Our CC&R's clearly state at least one resident must be 55+. We are at risk of our HUD status but understand the financial dilemma of two mortgage payments. How are you'all handling this issue?
JeffR7 (California)
Posts: 251
Posted:
There is not much choice you have in how to handle the issue. Either you need to enforce the 55+ age limit or you need to drop the age requirement and become a regular HOA.

By not doing that you are opening yourself to a potential lawsuit if someone wants to buy who is under 55.
DavidW5 (North Carolina)
Posts: 565
Posted:
It was my impression that the HUD requirement was for the community to document that it meets the age requirement every two years and to maintain the documentation on site. I don't think there is any requirement to submit the documentation to HUD and I very much doubt that HUD has the staff to send out to check on it. So I think there is little risk, in the short term, of any consequence for having some renters who do not meet the requirements.

Furthermore, if the owner certifies that at least one resident is over 55, there is no requirement that this be verified by the HOA.

What's the worst that could happen? HUD decertifies the community and folks under 55 could then buy in. That's not much different than the present situation. It might even increase the odds that you could sell when you want or need to.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here