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Subject: HOA wants to make new over 55 rule

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RayM1
(Nevada)

Posts:2

10/23/2006 7:52 AM
Hello and what a great site! I'm President of an HOA on Nevada. A few homeowers now want to now make our HOA an over 55 community. I don't think it's right because that's not how the homes were sold but my question is could it even be done legally? Thank you in advance for any replies. Ray

BrianB
(California)

Posts:1748

10/23/2006 8:46 AM
Can it be done, yes, i think so. your by-laws will tell you how the HOA can amend it's rules, and you must follow those instructions to do so. the age thing is one of those weird rules i have never understood. US law says we cannot discriminate based on age, sex, religion, race, or military service. "Men only" is illegal. "No Chinese" is illegal. "No Mormons" is illegal. "No 30 year olds" is perfectly legal. go figure.

RogerB
(Colorado)

Posts:3726

10/23/2006 9:02 AM
Ray, I would check with an experienced HOA attorney on what is required to convert to an over 55 community. It would require amending the Declaration and possibly would require 100% approval since it would restrict home sales. It would also require grandfathering in all who are currently under 55.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

RayM1
(Nevada)

Posts:2

10/23/2006 9:44 AM
Thanks for the replys... I'm tempted in the next meeting to show the flip side of the over 55 rule and send out a vote making the HOA 55 and UNDER. I did the same thing with rental restricitions. After the "get rid of renters" measure failed I made a motion that was seconded and we actually sent out a vote to make our HOA "Renters only". Of course we lost but I believe that must have been the first time in the history of HOAs that a vote to ban homeowners went to vote. Ray

BradP
(Kansas)

Posts:1742

10/23/2006 2:04 PM
Ray: I think you could do it, but the better question is why does this want to be done? If I were a homeowner in your subdivision I would oppose such a move and would very upset if it passed. My reasoning would simply be that when it comes time for me to sell my home you have significantly reduced my opportunity to sell and could cost me a lot of money. If it were passed you would have to grandfather in everyone who owns but isn't over 55. I just don't think changing midstream is a good idea.

ClaudeV
(Florida)

Posts:84

10/23/2006 5:45 PM
Some communities here in Florida are "over 55", but they usually have an exception of "total" and allow something like 15% to be under 55. Now I don't know if they do that because of a legal issue or just because. 55 & over ONLY communities reduce the buyer's market for certain. The ones that want this had better be careful, they may GET what they ask for! (And regret it later!) Sounds as if kids are becoming a problem or it's worried that they will.

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Forums > Homeowner Association > HOA Discussions > HOA wants to make new over 55 rule

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