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80/20 Rule in 55+ Communities

Started by RobertW35 • 9 replies • 398 views

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RobertW35 (Florida)
Posts: 48
Posted:
Hello Everyone. Today I am inquiring about the 80/20 Rule in Florida for 55+ Communities. What are the financial implications to the HOA and therefore to each individual homeowner in the community if the 80/20 rule is not up to date or is in violation. We are coming close to a Developer Turnover and although I've been verbally informed that the Census (80/20 Rule) is fine, I have my doubts. So I would like to know what are the consequences to the community if we are not in compliance. Thank you
ElleN (Idaho)
Posts: 4,420
Posted:
Failure to be in compliance results in the HOA no longer having HOPA protections. Lack of HOPA protections means that people under the age of 55 may buy freely into the HOA, and the HOA can do nothing legally to stop them.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By RobertW35 on 09/20/2023 10:13 AM
Hello Everyone. Today I am inquiring about the 80/20 Rule in Florida for 55+ Communities. What are the financial implications to the HOA and therefore to each individual homeowner in the community if the 80/20 rule is not up to date or is in violation. We are coming close to a Developer Turnover and although I've been verbally informed that the Census (80/20 Rule) is fine, I have my doubts. So I would like to know what are the consequences to the community if we are not in compliance. Thank you


As already pointed-out, this is not a Florid issue or a financial issue. The census is a requirement of the Housing for Older Persons Act that allows you to enforce age restrictions. If the HOA has not been taking a census every two years, or if you have not maintained the 80/20 breakdown, you could lose your 55+ status. I believe somebody would have to sue the Association for it to happen, but you would absolutely be at-risk.

You say you have been told "the Census is fine" so I'm curious who told you that. Assuming it is the developer, I would make an open records request to see, at the very least, the latest census summary. Hopefully it is on file and all is okay.

LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By ElleN on 09/20/2023 10:46 AM
Failure to be in compliance results in the HOA no longer having HOPA protections. Lack of HOPA protections means that people under the age of 55 may buy freely into the HOA, and the HOA can do nothing legally to stop them.

That's why there should be a ZERO percent ration , it's ok if the crumb crunchers come to visit for the day, but no overnight or long term stays.

BTW how does an age qualified community control this? if 40% of the owners in a AQC let their grandchildren stay full-time, who has to go and how do you stop it?
Once the camel sticks it's nose under the tent, it quickly will be in the tent.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By LetA on 09/20/2023 8:42 PM
That's why there should be a ZERO percent ration , it's ok if the crumb crunchers come to visit for the day, but no overnight or long term stays.
Take it up with your members of Congress.

I have found that to get along in this world one is generally stuck with some compromise. I think one either makes peace with it or rejects it and lives in misery.
Quote:
Posted By LetA on 09/20/2023 8:42 PM
how does an age qualified community control this?
Do you understand that, as long as the statutorily-required surveys and other HOPA reuirements are met, the HOA has the right to enforce its covenants pertaining to age restrictions?
Quote:
Posted By LetA on 09/20/2023 8:42 PM
if 40% of the owners in a AQC let their grandchildren stay full-time, who has to go and how do you stop it?
As long as the 80/20 rule and other HOPA requirements are met, then the HOA has the right to order the owners to comply with the age restrictions; fine the owners; enforce et cetera.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By LetA on 09/20/2023 8:42 PM

BTW how does an age qualified community control this? if 40% of the owners in a AQC let their grandchildren stay full-time, who has to go and how do you stop it?

It requires legal action and there have been associations that do this.

DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By TimB4 on 09/21/2023 8:17 AM
Posted By LetA on 09/20/2023 8:42 PM

BTW how does an age qualified community control this? if 40% of the owners in a AQC let their grandchildren stay full-time, who has to go and how do you stop it?


It requires legal action and there have been associations that do this.



That was a rude awakening our community ran into a couple years ago. There is, in fact, nothing that can be done to prevent somebody with children from moving into a community that expressly forbids them. Once they move in, of course, it becomes a difficult procedure to resolve the issue.

The best you can do is, as we now do, check the real estate listings when a house goes on the market and make sure the 55+ status is prominently featured in the ad. If not, contact the listing agent. We also filed an ethics complaint against both the listing agent and buyer's agent when a home was sold to a family with a teenager. Also, a couple of homeowners who listed their homes for sale specifically told the agents involved in our case that they would not work with them as a result of what happened. As a consequence, the real estate community now understands it is in their best interest to make sure only qualified families buy a home here.

We have a reputation, now.

But, as with basically everything in HOA communities, anything in the world can happen despite your rules, and the only recourse is legal action.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DavidG45 on 09/21/2023 8:30 AM

That was a rude awakening our community ran into a couple years ago. There is, in fact, nothing that can be done to prevent somebody with children from moving into a community that expressly forbids them [via HOPA and the HOA's covenants].
The experience about which you posted here involved a family with a disabled child. Is there some other specific HOPA experience you have had that involved children who are not disabled?
KerryL1 (California)
Posts: 14,550
Posted:
I know nothing about this topic but would insist on seeing the formal dated census about the % in your HOA. I think I'd go so far as to request a notarized document from the developer attesting to the current percentages. I should not take his word for it.

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