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Old 05-01-2014, 05:14 PM
 
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Quote:
Originally Posted by old_cold View Post
In an age restricted community, HUD (Fair Housing Act) demands that in order to maintain it's designation allowing that specific age restriction, 80% of the resident owners must be 55 or older.
No, that's not correct. It's not that 80% of the residents have to be 55+; the law actually mandates that 80% of the residences have to have at least one person who is 55+. That's a distinction with a significant difference. There's no requirement that 80% (or any percentage for that matter) have to be 55+.
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Old 05-01-2014, 05:55 PM
 
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Quote:
Originally Posted by Mawoods View Post
In the Cobb County area of metro Atlanta, we looked at 55+ communities where the requirement was at least 1 person living in the home was 55. We have since bought in an active adult community right over the country line in Paulding Co, GA. As I understand, the county does not allow such restrictions so the neighborhood is marketed and built with us oldies in mind. Also, the pool and club house are restricted to adults of 25 and over so a young family would not want to live in the area along with just the size yard and smaller homes, etc. We will see how it works out.
The way the law works it is the federals in charge. If owned by the community you cannot restrict anything against families in any facilities like pools or clubs unless you qualify for the 55+ age restriction. And if you do not have the restriction at day one you can never get it.

The classical version prevents residence by anyone under 18 but otherwise has no restriction on children.
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Old 05-01-2014, 06:02 PM
 
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Quote:
Originally Posted by old_cold View Post
In an age restricted community, HUD (Fair Housing Act) demands that in order to maintain it's designation allowing that specific age restriction, 80% of the resident owners must be 55 or older.
The 20% is reserved for such situations as inheritance to under 55 children or when a resident may be under 18 ...cases such as grandparents that have taken custody of grandchildren.- or when children are less than 18.

If this is not followed the community can lose it's charter(?...not sure of the legal term) and the community would have to be opened up to all.
Almost right. The requirement is that at lest one of the residents in the unit be over 55 in 80% or more of the units.

The custom here has generally been to allow spouses to stay underage but not children...particularly if they are younger. I have never seen an exception for a child under 18 though I would think it could happen on a disabled one. They have forced grandparents to move on at least a couple of occasions.
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Old 05-01-2014, 06:59 PM
 
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I would not test my luck by buying a house in a 55 plus community and risk having to sell the home.
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Old 05-01-2014, 07:56 PM
 
Location: Central Massachusetts
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Thanks to everyone's input on this. I still like the 55+ communities and the lifestyle the majority of them offer. I worry some on the resale in a pinch but DW and I have a good situation in that should we decide to move that way we can pay cash for the home (no mortgage) and still have a nice tidy nest egg from savings, remainder of the sale of the home, and two pensions I qualify for. We both will have access at this point to SS and the plan is not to touch it until we reach 70 but it could change depending. So the age restricted places are on the list in spite of reservations in resale.

To the OP I hope you can find just what you want and need. I don't know what your time frame is and what your planned location is going to be but let us hope you find everything. I believe you can and will.
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Old 05-02-2014, 02:56 AM
 
Location: Florida
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Quote:
Originally Posted by MadManofBethesda View Post
No, that's not correct. It's not that 80% of the residents have to be 55+; the law actually mandates that 80% of the residences have to have at least one person who is 55+. That's a distinction with a significant difference. There's no requirement that 80% (or any percentage for that matter) have to be 55+.
I knew what I meant

You have said it better.
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Old 05-02-2014, 04:53 AM
 
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OP, I've been looking into 55+ condos myself, and just in my own research I've come across websites both of 55+ communities that limit occupancy to as few as two residents and others that don't. So I'd say don't let what you've come across in your initial research discourage you from researching further.

I've also seen variations (in addition to in number-of-occupants requirements) in age requirements. If I'm recalling correctly, I think some associations may specify on their websites that all household members need to be 55+, while others specify that one household member has to be at least 55 and that anyone younger must be some particular age (for example, 45+ in some cases), while others specify that one household member must be over 55 but don't seem to mention ages for younger members, other than to exclude children (who are not yet adults) except for limited visits. (I have no idea whether these communities are all correctly observing the law in their policies; I just see these kinds of rules posted online on websites.) So if it were me, I'd look into what's the case in each individual community.

I've seen confusion (differing info) on the 80/20 thing; I don't want to add to the confusion when I don't know for sure that my impression is right, but for what it's worth, if I were considering a place myself I'd just be very careful to understand what is the case with that particular community before buying (not make any assumptions that what is true in one community is necessarily true in another). Especially, something I'd want to look into is just because a given community may be allowed to make an exception for up to 20% of households if they choose to, is it possible the community may not be required to do so (and so a person may find themselves out of luck if they are counting on an exception being made)? I would try to get clear on what the community is doing as a matter of law versus what (in areas not specifically mandated by law) they are doing as a matter of their own policies. (There may also be state laws worth looking into.)

I could be wrong, but my impression is the number of occupants has more to do with community rules than the 55+ thing. Because again, the communities vary. And also I've seen non-age-restricted communities that restrict the number of occupants too. Something else to check into is whether the limit within a community varies based on the number of bedrooms in the unit (I've come across this too).

You're right that listings typically don't go into the level of detail you want. I know some communities post considerable info on their websites that may be helpful in narrowing down the number of places to contact/visit. (Although I'd be sure to later verify that any online info is up to date as communities may change their rules without updating online info.)

I'm sorry, I have no knowledge of whether your son's disabled status could be helpful in any of this (I hope so). As far as being made to feel welcome, I've met some great people visiting a few of the 55+ places; I hope your experience will be the same. (But whenever you have a large community of people, you're likely to find differences between people--most likely no place has 100% great welcoming people for any new resident, but if you're lucky you connect with the people who make it a great place for you and your family.)

Good luck!
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Old 05-02-2014, 09:03 AM
 
Location: Kansas
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Everyone: Again, thank you. We had been thinking that 55+ would be our eventual goal but it starting to look like we need to rethink. I've always though it would be better to live in the woods and ditch the modern world so maybe time to move that to the top of the list. Oh, and we large dogs. Yeah, probably the woods. I guess we are not "typical" but that isn't anything new.
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Old 05-03-2014, 11:41 AM
 
Location: Columbia SC
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There was a case in Sun City Hilton Head (Bluffton) SC. An over 55 couple got custody of their school age grandchild. The child could not live there. It had to do with the agreement the developer made with the town that basically said no school age children could reside there. While every one felt bad, the couple eventually had to sell and move out.
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Old 05-03-2014, 12:42 PM
 
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Quote:
Originally Posted by johngolf View Post
There was a case in Sun City Hilton Head (Bluffton) SC. An over 55 couple got custody of their school age grandchild. The child could not live there. It had to do with the agreement the developer made with the town that basically said no school age children could reside there. While every one felt bad, the couple eventually had to sell and move out.
It is embedded in the CC&Rs in virtually all Sun Cities. It tends to be the one clause that is always enforced. I am not aware of an exception being made anywhere. It may even take a vote of all units to allow it.

It does not involve an arrangement with the local municipality. At least not here.
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