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Old 02-11-2008, 07:36 PM
 
Location: Salem, OR
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It depends. Usually it's an occupancy issue, but there is one community here that requires at least one of the parties on the DEED to be 55+. So a child could purchase the home for a parent, but the parent has to appear on the deed as well.
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Old 02-11-2008, 08:43 PM
 
Location: NW Las Vegas - Lone Mountain
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Quote:
Originally Posted by Silverfall View Post
It depends. Usually it's an occupancy issue, but there is one community here that requires at least one of the parties on the DEED to be 55+. So a child could purchase the home for a parent, but the parent has to appear on the deed as well.
I don't see how they can do that. Property ownership is not run through the HOA. And I see no way the HOA can force performance. It is reasonably common for a residence to be held by a corporation. In fact it is sometimes impossible to find out who owns a property.

I would think the HOA will lose the first time someone takes issue.
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Old 02-11-2008, 09:34 PM
 
Location: Columbia, SC
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Quote:
Originally Posted by Bill Keegan View Post
Here's one to get us thinking. And I'm guessing that the answer may be different according to location, but I'd like to see what's common, or if most of us even know.

In an age restricted community, most typically 55+ here in NJ, is the restriction on OWNERSHIP, or RESIDENCY? Meaning, do I have to be 55 in order to buy the place, or can I buy it regardless of my age & let my parents live there?
How's it work in your part of the world?

For the record, this just came up here a few minutes ago in a conversation, and I do not yet know my local answer.
I know of a reverse situation that created problems. Parents bought the place to move into when they retired but also for their daughter to live in while she at the local college. HOA got up in arms, she had to move out because she wasn't 55+ even the parent owners were.
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Old 05-14-2008, 12:28 AM
 
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Default Age Restricted Communities

Your comment about Youngtown, AZ, losing its age restricted qualification caught my attention. We are living in an active adult community that is about 65% built out. Our builder has recently been selling new homes to families with minor children under the guise that the children are "guests" of the owners, their parents, and will not inhabit the house for more than 90 days a year. Since the builder openly admits to these sales, could our community lose its age restriction qualification similar to Youngtown?
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Old 05-14-2008, 01:18 AM
 
Location: Delaware Native
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This is an interesting thread, as Delaware is fast becoming a state for the aged.....replacing Florida as the senior retirement state. I'm wondering if most of these communities you are discussing are held in leasehold....rented land, own the manufactured home, or modular. These animals are gaining in popularity here. Besides the age restriction to enforce, if the homeowner violates the lot rental agreement (gets behind in rent) he has to pack up his manufactured home or modular and move it. Then there's the lot rental increases, and Delaware's laws are a little loose on those, with on-going controversy in Legislative Hall. I'm not understanding why 'peace of mind' is not considered by those over 55 buying into these communities. It seems to me that attorneys may have plenty of future work waiting for them regarding enforcement of the laundry list of rules within these communities. Then, from my point of view.....to appraise one of these would be a nightmare, with limited comps for various reasons. To you Realtors....have you sold many of these? Sorry....I have tons of questions about these.
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Old 05-14-2008, 02:53 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,095,211 times
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Quote:
Originally Posted by sunbirdpx View Post
Your comment about Youngtown, AZ, losing its age restricted qualification caught my attention. We are living in an active adult community that is about 65% built out. Our builder has recently been selling new homes to families with minor children under the guise that the children are "guests" of the owners, their parents, and will not inhabit the house for more than 90 days a year. Since the builder openly admits to these sales, could our community lose its age restriction qualification similar to Youngtown?

The federal regulations require that 80% of the dwellings be occupied by at least one member who is older than 55. The children thing is generally a CC&Rs condition. As soon as the 80% is not met the federal housing laws apply which forbids discrimnation against children. By by to any CC&R provision which restrict children. So 80% of the dwellings have one over 55 or it is all over...and I do not believe it can ever be recovered once gone.
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Old 05-14-2008, 09:50 PM
 
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Olecapt, Thank you for your reply.

Last edited by sunbirdpx; 05-14-2008 at 09:51 PM.. Reason: spelling
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Old 10-31-2008, 08:02 AM
 
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Does anyone know the laws in Florida? Specifically to The Villages. They restrict children under the age of 19 from living there. They can only visit 30 days per calendar year. There have been many questions about this.
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Old 10-31-2008, 10:15 AM
 
Location: Barrington
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This article has a different slant on the topic:


A Pitfall in Age-Restricted Communities - washingtonpost.com
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