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I think maybe some are talking Apples to Oranges here. Along the lines of what Vegas said:
There was a case at Del Webb, Hilton Head (Bluffton) SC (within the last few years). Parent killed, grandparents get custody of school age child. They tried to keep living there but had to leave. Lawyers talked and the HOA gave them extensions (over a year I think) but in the end, they had to move.
In most legal cases HOA Covenants stand up in court if for no other reason, one did sign/agree to them when they bought into such.
It may be legal as far as the government goes but it is NOT LEGAL as far as the rules of almost all 55+ communities go. I know it is not legal in Del Web communities and it is right here in the rules and restrictions:
CC&R’s Article 4 Section 2(a): Age Restrictions
Each dwelling unit in Sun City Summerlin, if occupied, shall be occupied by at least one (1)
person not less than fifty-five (55) years of age and no person eighteen (18) years of age or under
shall reside in any dwelling unit. To the extent required by any applicable Federal or State law, at no time shall less than eighty (80%) percent of the Lots subject to this Declaration be occupied by
Single Families where at least one member of the Single Family is fifty (55) years of age or older.
And I know it is well enforced there. I live almost within walking distance of the place and talk to people there all the time. You can get a 2 week permit for a visit and that is it. No minors allowed period.
Thanks for making my point. Fed trumps the Del Webb or 55+ everytime.
I think maybe some are talking Apples to Oranges here. Along the lines of what Vegas said:
There was a case at Del Webb, Hilton Head (Bluffton) SC (within the last few years). Parent killed, grandparents get custody of school age child. They tried to keep living there but had to leave. Lawyers talked and the HOA gave them extensions (over a year I think) but in the end, they had to move.
In most legal cases HOA Covenants stand up in court if for no other reason, one did sign/agree to them when they bought into such.
I am surprised they got even a year. Most of the time those places want kids gone after 14 days at most. The fact they got a year is amazing. I doubt they would in Anthem or Summerlin here.
I am surprised they got even a year. Most of the time those places want kids gone after 14 days at most. The fact they got a year is amazing. I doubt they would in Anthem or Summerlin here.
They got time as people on the HOA BOD and the lawyers agreed it was heart wrenching (empathize with) story, but the rules are the rules.
That said, I believe many think most HOA's are rule nazi's and/or the rules do not apply to their situation. Also, many saying/thinking compromise actually mean they want/expect to make the others come around to their way of thinking...versus truly compromise...
Had I been on the HOA BOD, I would have tried to work with/consider the issue that got "dumped" in their lap and try to "help" them out with it but when push comes to shove, the rules are the rules.
They got time as people on the HOA BOD and the lawyers agreed it was heart wrenching (empathize with) story, but the rules are the rules.
That said, I believe many think most HOA's are rule nazi's and/or the rules do not apply to their situation. Also, many saying/thinking compromise actually mean they want/expect to make the others come around to their way of thinking...versus truly compromise...
Had I been on the HOA BOD, I would have tried to work with/consider the issue that got "dumped" in their lap and try to "help" them out with it but when push comes to shove, the rules are the rules.
Well you might work it out with them and I might work it out with them since death is a pretty exceptional circumstance but the problem is that we think like human beings. Most of the 55+ crowd that lives in these places do not think like human beings and their boards of directors represent that. They got theirs to hell with you pretty much sums up their thinking over there.
My parents live in a 55+ community (not Del Webb), no families or children or anyone under 55 unless they are a spouse or caretaker. That is the only "back door" way for someone under 55 to be there legitimately. They did think about the "what if kids die and we get the grandkids" scenario before they bought and figured if that happened they would move. They didn't figure if that happened that exceptions would be made for them because a tragedy struck. Tragedies strike almost daily in 55+ communities. Having severed on the HOA they both say it's USUALLY renters who don't seem to think the rules apply to them. And some real estate agents too...it's an regular thing for one of them to approch the board and ask "has anyone challenged this rule in court? I have a family who really want to live here" (because it's cheaper and well kept and quiet .. but that's only because of the restrictions). Crazy crazy stuff.
My parents live in a 55+ community (not Del Webb), no families or children or anyone under 55 unless they are a spouse or caretaker. That is the only "back door" way for someone under 55 to be there legitimately. They did think about the "what if kids die and we get the grandkids" scenario before they bought and figured if that happened they would move. They didn't figure if that happened that exceptions would be made for them because a tragedy struck. Tragedies strike almost daily in 55+ communities. Having severed on the HOA they both say it's USUALLY renters who don't seem to think the rules apply to them. And some real estate agents too...it's an regular thing for one of them to approch the board and ask "has anyone challenged this rule in court? I have a family who really want to live here" (because it's cheaper and well kept and quiet .. but that's only because of the restrictions). Crazy crazy stuff.
If you are on an HOA and you have a couple who are grandparents to little kids and the parents end up dead, it is view that, while rules are rules, every rule has exceptions and people should be able to reasonably grant waivers in extenuating and rare circumstances. I am in business and in business we do this all the time. You don't stay in business long if you do not make exceptions to meet your customer's needs. For example, I do not work on holidays. I am not working today as a normal course of work. But if I am called by a customer with a dire emergency, I will go and get them back in service. If I served on an HOA, I would do likewise if such a case were presented. I just do not know why folks cannot be reasonable. And the older people get, the less reasonable they become for some reason.
This thread is turning into a repetitive snoozer. Enough already. We've all got it figured out that you hate over 55 communities as much as everyone that lives in them hates children.
This thread is turning into a repetitive snoozer. Enough already. We've all got it figured out that you hate over 55 communities as much as everyone that lives in them hates children.
How about we move on now.
That is only for the moderator to decide. And I don't hate them. I just would never live in one myself.
it's an regular thing for one of them to approch the board and ask "has anyone challenged this rule in court? I have a family who really want to live here" (because it's cheaper and well kept and quiet .. but that's only because of the restrictions). Crazy crazy stuff.
I love it.
Often the reasons a place is desireable is because of the rules/controls, but now they want one/some broken for them but it is OK as it is for them. Then the next person wants other changes, Then the next, etc. and soon the place is not so desireable to many...LOL
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