age requirement

To be considered a retirement community a certain percentage of our units need to have at least one person who is 55 or over. Actually our documents state 57.
I was reviewing some old files and saw where the Board at the time voted to permantly lower the age to 50. Apparently none of the Board members knew that our documents could not be amended with just a Board vots.

Anyway this has stuck in the minds of our current Board members. I have mentoned over and over and over again we cannot lower the age. It has to stay at least at 55. One member just told me other Boards have allowed waivers. The President just told me today she thought the Board could approve someone underage. Is it possible dementia is setting in. I have said many times, I will fight tooth and nail to keep our age requirement at 55.

Our documents do mention a waiver, but that is referring to the leasing of a unit not the age requirement.

Thank you Jeff.
It looks like I could have, but would not have, sued the community that told me I needed to be 65 to move in.
Also I understood and tried many times to explain to our President that a younger person can own a unit as long as someone 55 or over moves in. She thought a person had to be 55 to own a unit.
It just amazes me that people take Board positions and then do no research. Since I have a Master's degree in Education, researhing is second nature to me.
I am the newest Board member and have had to inform the President of the law and what is in our documents. This can get very frustrating at time; especially since I have to repeat myself so many times. When I became a Board member, I thought the other Board members would teach me. At least a lawyer is on the Board now.

Linda, I suggest you start a new topic for your discussion. This one was dealing with a specific issue.

Thanks for the replies, I thought if the HUD guidelines listed "55 and over" and our covenants stated "st least one resident of each home must be 55 or over" that our hoa would have a definite unbreakable rule that did not allow residents under age 55. (there is also another covenant that states "no one under age 18 can visit for more than 30 days") Also, a few years ago another couple bought in and the board actively pursued them through the courts and won. The young couple had to sell & move out. As far as I am aware, no changes have occred in our covenants regarding these statues. thanks for your responses.

Tim,
my printer had just been paused. It is printing now. Thanks for this information. Maybe now I can convince the President that we can not lower the age requirement.

Thanks Barb. however, My browser does not allow a "save as" on this site.
But I have been reading about the age documentation required every 2 years. I just sent an email to our Vice President who is a lawyer and asked her if she know about it.