Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
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.
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.
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.
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?
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.
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.
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.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.