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Old 03-31-2019, 12:01 PM
 
1 posts, read 520 times
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I need some information on having my 22 year old autistic mentally handicapped daughter living with us in a 55 or older community in the Daytona Beach area.
My husband and I have a great opportunity to buy a double wide in Daytona beach Florida in a over 55 community.
We have a mentally handicapped daughter.
My question is, Can she live with us in this park? The manager couldn't answer our question about this. Also i'm only 54 and will be 55 in less than 4 months. The manager told me i couldn't live there until i was 55. Its only 4 months. I feel that's a little crazy.
Back to our daughter. Sara goes to a adult day program Monday thru Friday, she goes at 5:45 am and returns home around 4pm.
If anyone knows the laws, please advise us. I hate to miss being able to purchase this home.
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Old 03-31-2019, 03:31 PM
 
5 posts, read 2,719 times
Reputation: 18
My ex's mother lived in 55 or over housing, and he lived with her and was listed as her caretaker. He was 44 at the time, so I think it depends on the community.
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Old 03-31-2019, 03:43 PM
 
Location: Blue Ridge Mntns., NC
10,768 posts, read 15,037,473 times
Reputation: 9549
Quote:
Originally Posted by SherriLee54 View Post
I need some information on having my 22 year old autistic mentally handicapped daughter living with us in a 55 or older community in the Daytona Beach area.
My husband and I have a great opportunity to buy a double wide in Daytona beach Florida in a over 55 community.
We have a mentally handicapped daughter.
My question is, Can she live with us in this park? The manager couldn't answer our question about this. Also i'm only 54 and will be 55 in less than 4 months. The manager told me i couldn't live there until i was 55. Its only 4 months. I feel that's a little crazy.
Back to our daughter. Sara goes to a adult day program Monday thru Friday, she goes at 5:45 am and returns home around 4pm.
If anyone knows the laws, please advise us. I hate to miss being able to purchase this home.

Your real estate agent should know, or be able to find out. You could also look up the laws for HOPA; which is the Housing for Older Persons Act (a federal law, it is not state law).

Enter into a purchase agreement "subject to confirming that your daughter is covered under the law". Then bargain with the HOA (the manager may be a nice guy but he should know these things or be able to find out for you.) See if the Pres. of the HOA will allow you to wait until your 55 birthday. The owner of the home you want to buy may also be willing to help you out. If you can afford a consultation with a lawyer, it will be worth it and should not cost you much, maybe $200 to find out for sure. Best wishes.
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Old 03-31-2019, 03:48 PM
 
21,116 posts, read 30,203,750 times
Reputation: 19485
I would think it would have to be legal if she's officially a dependent, over the age of 21 and your family size is within state occupancy laws (If talking about two or more bedrooms).
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Old 03-31-2019, 06:37 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
3,221 posts, read 4,587,950 times
Reputation: 2786
To be a 55+ community there are specific federal laws but the state of FL also has statutes covering these communities.

Typically, the right to restrict occupancy based upon age is based upon precise wording contained within a community’s governing documents. It may have been originally drafted that way or it may have been added by an amendment voted in by the owners.



To qualify as a 55+ community in FL, the following must occur:

1. At least 80% of the homes/units must be occupied by at least one person 55 years of age or older.
(Note: 80% is the minimum requirement, communities can require a higher percentage if stated so in their governing documents.)

2. The community must publish and adhere to policies and procedures that demonstrate its intent to be a provider of housing for those 55 and older.

3. The community must comply, no less than once every two years, with age verification rules and procedures established by the Department of Housing and Urban Development.

4. Pursuant to Florida law, a 55 and over community must also register with the Florida Commission on Human Relations. (I have come across 55+ communities that have let their registration lapse, so you may want to check the state website for compliance for your particular community.)



Here's where this gets confusing: the minimum standard to obtain housing for persons who are 55 years of age or older status is that at least 80% of the occupied units be occupied by persons 55 years or older. There is no requirement that the remaining 20% of the occupied units be occupied by persons under the age of 55, nor is there a requirement that those units be used only for persons where at least one member of the household is 55 years of age or older.

Communities may decline to permit any persons under the age of 55, may require that 100% of the units have at least one occupant who is 55 years of age or older, may permit up to 20% of the occupied units to be occupied by persons who are younger than 55 years of age (usually under what they call hardship situations), as long as at least 80% of the occupied units are occupied by one person 55 years of age or older.



So the answer to your questions probably come down to exactly what is stated regarding 55/ under 55 in the community's governing documents. Personally, I would ask for a copy so you can read them yourselves and go back to the manager with any questions you may have.
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Old 03-31-2019, 07:31 PM
 
2,104 posts, read 2,071,552 times
Reputation: 3560
The governing documents are recorded with the county. If you have trouble getting them from the property manager or realtor go to the county where Datyona Beach is and ask for them. You may be able to even get them on the county website. Sarasota records are on-line at public records.
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Old 04-01-2019, 01:53 PM
 
Location: Blue Ridge Mntns., NC
10,768 posts, read 15,037,473 times
Reputation: 9549
My reference to: "HOPA", Housing for Older Persons Act is to direct people to that law. Federal law always trumps state law. State law must be followed also. But Federal is first. In this poster's case, there is a disabled individual who needs to reside with the parents.

This may help: http://www.flcaj.com/pdfdocs/Richard%205.pdf

When in doubt: spend a few bucks and consult with an attorney.

Last edited by QuilterChick; 04-01-2019 at 02:02 PM..
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Old 04-07-2019, 11:07 AM
 
1,781 posts, read 760,233 times
Reputation: 3236
Quote:
Originally Posted by SherriLee54 View Post
I need some information on having my 22 year old autistic mentally handicapped daughter living with us in a 55 or older community in the Daytona Beach area.
My husband and I have a great opportunity to buy a double wide in Daytona beach Florida in a over 55 community.
We have a mentally handicapped daughter.
My question is, Can she live with us in this park? The manager couldn't answer our question about this. Also i'm only 54 and will be 55 in less than 4 months. The manager told me i couldn't live there until i was 55. Its only 4 months. I feel that's a little crazy.
Back to our daughter. Sara goes to a adult day program Monday thru Friday, she goes at 5:45 am and returns home around 4pm.
If anyone knows the laws, please advise us. I hate to miss being able to purchase this home.
There is confusion in Florida about the 80/20 rule. All that means is that 80% of the homes in a 55 community must be occupied/owned by a person over 55 to qualify for exemption to age discrimination. This does not mean that the remaining 20% can be under 55. In fact, any 55 community can be so no one under 55 can live there. I don't know why the manager couldn't tell you what the HOA states. He or she should know that information. Many 55+ communities do allow someone over 18 but under 55 if the owner of the home is over 55. Press the manager on this again as to whether after you turn 55 can your daughter live with you so long as either you or your husband is over 55, ask to see the restrictions documents.
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Old 04-07-2019, 05:21 PM
 
Location: In the basket
10,273 posts, read 12,133,923 times
Reputation: 6614
When I was 45 they were going to let me move into a 55+ community in Lakeland. But...not my 80 pound black lab so we passed. I said they were racist because my dog was black and not because of his weight. The lady didn't get the sarcasm/joke right away which made it even funnier.
Point is, some of the rules vary by community.
The property manager is *supposed* to know all of these things.
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Old 04-13-2019, 09:16 AM
 
Location: Whereever we have our RV parked
8,671 posts, read 7,639,349 times
Reputation: 14836
We are retired and live in an RV with autistic son. We often stay in 55+ communities/rv parks. We have never had a problem from management and the residents have been very nice to him.
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