house sitters

I live in a 55+ community in Ct. Renters are not allowed and each unit must be owner occupied with at least one person being over 55. A child over 21 may live with a parent. Our Declaration allows for an over 55 caregiver. I expect to be away for a month this winter and anticipated having an over 21 relative to house sit. I have pets that need tending, plants watered and would feel better if the house looked lived in. Though our Declartion is silent on house sitters, the Board is telling me that I would be in violation. I think they are wrong but don't want to spend money on an attorney and neither does the board. I can't seem to find any state or federal laws that supercede our documents though someone told me Housing for Older Persons guidelines address this issue. I would appreciate any advice on this issue. Perhaps someone else has had this experience.

I agree with Brian

Helene,

Federal (FHA) rules require only that one occupant in at least 80% of the units be 55 or older. However, the HOA's CCRs (declaration, covenants) can be more restrictive, so your board member could be correct. You would need to carefully read the use and occupancy section of your CCRs to see what the real story is. Do not trust some board member to have read the appropriate section in the CCRs and to have interpreted it correctly.

Also, because you are away on vacation does not mean you are not still an occupant of that residence. Also, being away from your residence for a short period is not considered to be a period of non-occupancy; you're still eligible to vote as though you were still physically there, still required to pay income taxes to the state for the entire year (you cannot deduct one month out of the twelve), you're still subject to call for jury duty, etc.

Thanks for all your good sugestions. Our Declaration and By-laws are more restrictive than what state and federal guidlines require and as a buyer I knew that I was required to abide by our assoc. requirements. And I am more than willing to do that, however, I find that most Board members have a difficult time interpreting our Declaration and some have never bothered to read them. I have served on other boards and have been asked to do so here. It has been my experience that in most Assoc., "a line seems to be drawn" between board members and unit owners with board members being perceived as the "enemy" and so I have been reluctant to get myself into that situation again. I think unit owners need a better understanding of their Declaration and By-laws and though I have seen more and more eveidence of that I think we have a long ways to go.

I probably will back off of my request this year and undoubtly will run for the board at the next opportunity. I'm probably a glutton for punishment but my hat goes off to those who volunteer and try to do a good job.

Thanks.

Brad: Our documents require, with few exceptions, that all residents must be at least 55 years old, except the spouse of a resident who is at least 55,a personal care attendant at least 21 and employed to care for a resident at least 55. the child of a resident who is at least 55, provided the child is at leeast 21.

Since the house sitter doesn 't fall into any of the above catagories, the Board would declare it a violation. The only reference in our documents to visitors/guest is that the unit owner is responsible for their actions. Also, I have been told that a house sitter would not be considered a visitor since I would not be there to be visited. Understand that this sitter would be staying over night and it appears that if it was someone coming in every day but not staying over night it would be alright. I can't quite figure out why staying over night makes it a bad thing but there you have it. I could defy the Board but don't want to cause the house sitter any angst nor do I want to worry about it while away.

H

you can win. A house sitter is not a resident, so the rules about ages, above this, beyond that, etc. simply do not apply.

a house sitter is not a renter. Again, those rules would not apply.

and technically, they are not a visitor, since they are paid (and most visitors are not), and as pointed out, you are not there for them to visit.

get the sitter. tell the board, politely, that you thank them for their concern, and have considered their position.