JerryG (Pennsylvania)
Posts: 2
Posts: 2
Posted:
DECLARATION - Age Restriction
Section 25.01. General Rule. Pursuant to the provisions of the Federal Fair Housing Act (the "Fair Housing Act"), as amended from time to time hereafter, it is the declared policy of the Declarant and the Association to provide "housing for older persons" as that term is defined in 42 U.S.C.A. § 3607(b)(2)(c), at the Condominium. Accordingly, each and every Unit in the Condominium shall be occupied by at least one person who is fifty-five (55) years of age or older.
Exemptions to the age restrictions are provided in our Declaration but apply only to a current surviving spouse or under-age offspring adult residents.
Wouldn't you know it! An under-age couple (ca. 52 years of age) is showing interest in buying a for-sale home in our association.
The association could just frustrate this sale or try to find a way to enable this sale without jeopardizing our 55+ provision.
The HOPA info from HUD states that exemptions can be granted up to a maximum of 20% of the residents but assumedly only to those qualified.
There are two thoughts: A. Strictly enforce the age requirement and withhold approval of the buyers or B. Ignore age enforcement and not frustrate this sale.
Your opinion?
Section 25.01. General Rule. Pursuant to the provisions of the Federal Fair Housing Act (the "Fair Housing Act"), as amended from time to time hereafter, it is the declared policy of the Declarant and the Association to provide "housing for older persons" as that term is defined in 42 U.S.C.A. § 3607(b)(2)(c), at the Condominium. Accordingly, each and every Unit in the Condominium shall be occupied by at least one person who is fifty-five (55) years of age or older.
Exemptions to the age restrictions are provided in our Declaration but apply only to a current surviving spouse or under-age offspring adult residents.
Wouldn't you know it! An under-age couple (ca. 52 years of age) is showing interest in buying a for-sale home in our association.
The association could just frustrate this sale or try to find a way to enable this sale without jeopardizing our 55+ provision.
The HOPA info from HUD states that exemptions can be granted up to a maximum of 20% of the residents but assumedly only to those qualified.
There are two thoughts: A. Strictly enforce the age requirement and withhold approval of the buyers or B. Ignore age enforcement and not frustrate this sale.
Your opinion?