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Subject: Enforcing 55+ age restrictions
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DavidG45
(Delaware)

Posts:144


11/02/2021 2:13 PM  
I am the sole resident board member in a new community that is being built with a single builder (nationally known company, rhymes with Brian). Part of the community is age-restricted (a 55+ community) that includes a restriction that nobody under the age of 19 can live in the home more than 90 days of the year.

As new homes are being sold by the builder, the age restrictions are being enforced because this isn't Brian's first rodeo. However, we are now reaching a point where some of the original buyers are selling their homes. My question is, what mechanism is in place to make sure these transactions abide by the age restrictions? Is there some kind of mandatory disclosure that new buyers need to see?

Probably a real newbie kind of question, but it's been bothering me and our property manager didn't have an answer.
SheliaH
(Indiana)

Posts:4284


11/02/2021 4:09 PM  
If the community is still under developer, that's a great question for them. They may not be around for much longer, but it would be great to have something in place before the homeowners take over. You might also want to check out similar communities in your area and see how they do it. Maybe get some information as to what their expectations are.

All of this said, you may need to plan for exceptions, as more grandparents are having to raise grandkids due to assorted issues in the adult child's life, like struggles with substance abuse and the grandparents content the grandkids in the foster care system.
TimB4
(Tennessee)

Posts:17841


11/02/2021 4:16 PM  
Keep in mind that, per the Housing for Older Persons Acts, Administrated by HUD, 80/20 rule anyone may own the property. However, 80% of the homes must have at least one person who is 55 or older living on the property.

I'm unaware of any disclosure requirement an HOA has to do for Delaware. You will need to check the applicable statutes to find out.

Even if there is no disclosure requirement, there is nothing preventing the Association from making sure the listing Realtor is aware of the 55+ community and the covenant regarding those who are under 19 living on the property. Simply write a standard letter and mail to the owner of any property along with a copy to the listing agent. Keep identifying this issue in your newsletter so any letter won't be a surprise.

DavidG45
(Delaware)

Posts:144


11/02/2021 5:02 PM  
Posted By TimB4 on 11/02/2021 4:16 PM
Keep in mind that, per the Housing for Older Persons Acts, Administrated by HUD, 80/20 rule anyone may own the property. However, 80% of the homes must have at least one person who is 55 or older living on the property.

I'm unaware of any disclosure requirement an HOA has to do for Delaware. You will need to check the applicable statutes to find out.

Even if there is no disclosure requirement, there is nothing preventing the Association from making sure the listing Realtor is aware of the 55+ community and the covenant regarding those who are under 19 living on the property. Simply write a standard letter and mail to the owner of any property along with a copy to the listing agent. Keep identifying this issue in your newsletter so any letter won't be a surprise.





That's a good suggestion - thanks!
LynneM
(Massachusetts)

Posts:33


11/14/2021 11:26 AM  
I would consult with an attorney knowledgeable in condominium law. We live in an over fifty five community we require an age requirement census form to be completed notarized with positive ID"s and all proposed occupants date of birth listed once it is determined the sale has been finalized.
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