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Old 04-19-2016, 07:09 AM
10,604 posts, read 14,217,570 times
Reputation: 17203


Originally Posted by rodentraiser View Post
I just saw an ad for a senior living complex the other day and it did say that 20% of the population could be under the age of 55. It also mentioned that a spouse over 55 could live in the complex with a younger-than-55 spouse. I saw another ad for a senior complex stating that caregivers would be allowed to live with the people they were caring for only if they were over 35. I don't know if this is something that is decided at a federal level, a state level, or just something the senior park can decide on.
Yes each Community can make up any [otherwise legal] policy they want about that type of thing as long as they meet the minimum of 80% 55+ as defined by the wording of the federal government in the Housing for Older Persons law. HOPA. Another example is they can even make it age 62+ if they want.

They usually try to be very careful because if enough situations change they will lose their exemption. For example, if a community ends up being a bunch of 85 yr Olds with young wives lol. If all the old guys die at once they will bounce the community out of their exemption status.

So the community is going to review the documents and interview all future owners and residents and they don't have to admit you if they don't want to because you will knock the age ratios out of balance.

When I bought my condo it was during the crash there were enough empty units and I was not yet 55 I was maybe 9 mos short.

That's another reason 55 + will often use property manager type of thing because you also have to take a census every two years of each unit.

There is language about caregivers being exempt from the Census in the federal documents so the feds don't consider the age of the caregiver.

I've seen some people try to say that someone was a caregiver just to skirt the law and community policy.

I posted a link to the actual law up thread.
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Old 04-19-2016, 07:59 AM
Location: Baltimore, MD
3,745 posts, read 4,222,137 times
Reputation: 6866
Originally Posted by runswithscissors View Post
The member claimed that I said something I never said. They then showboated tortured logic to take something to a conclusion that might occur mathmatically but is never required to happen.

In fact, every attorney will advise a 55+ Community to beware of making this grievous error. In fact, even HOPA cautions that.

My original post stated that the purpose of the 20% is to give the community latitude. The 20% is never mandatory . The Congress of the United States chose this to allow for primarily surviving spouses. It's well-documented everywhere in the history of HOPA.

In fact the surviving spouse can be kicked out if the community so chooses depending on the bylaws. See, I can go to a ridiculous extreme, too.

Every 55+ knows this, therefore will low-ball the 20% not Max it out because of the risk of losing the exemption. It's exactly what every lawyer and HOPA advises.

THEREFORE they are not going to permit a bunch of under 55 residents living in condos alone in the members example.

I guess you and the member are also unaware that potential residents are interviewed, and the documents reviewed, and must be APPROVED by the community, by law perfectly legal. The members hypothetical is averted.

AGAIN, completely regulated by each communities' documents.

Therefore, unless the community are a bunch of fools the members hypothetical will never happen. Further, the member's hypothetical clearly was put forth to create a community that is not Housing for Older Persons in the majority. Therefore intended to conflict with the spirit of the law - a requirement which I have highlighted for you above in red.

The community is also required by law to census the residents' age status every two years. Besides federal law, each state makes their own additional law. Such as if the census is required to be reported to the state or not and more.

I posted the facts and the government documents. If you want to prove me wrong bring me some case law. You're a lawyer so that should be very easy for you.

You gave me a chuckle though, a lawyer accusing someone else of being arrogant. I'm not a lawyer but I have prevailed in court pro se against two huge Phila law firms and a New Jersey personal injury shark with 15 plaintiffs and defendants with a 365-day discovery.

55+ communities are only required to meet a minimum standard of 80/20. They can even require 100% 55 or even older if they so choose - including both spouses who reside there.

They can also make 55 + in every single unit mandatory if they so choose.
I didn't want to come right out and say this before, but you seem to have a problem with reading comprehension. Go back and completely read the posts. Just as you are probably an expert in dog walking, MMoB is an expert in reading and interpreting federal statutes, regulations and rules. IIRC, he spent most of his career writing the damn rules and regs. Oh, and my area of expertise in Administrative Law. I think it's useful for those who read our posts know our background, don't you?

Please take the chip off your shoulder.
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Old 04-19-2016, 09:00 AM
8,204 posts, read 11,925,738 times
Reputation: 18020
Originally Posted by runswithscissors View Post
I casually used the word "community" colloquially in a brief sentence to illustrate a point of how these communities are not just some capricious concept.

It was your choice to be sarcastic, then say just kidding, and accuse me of ignorance because I didn't deliver a legal dissertation.

Knock yourself out with reductio ad absurdum all you want - the internet loves nonsense.
And speaking of nonsense....

You seem to have a basic misunderstanding of how emojis are used everyday on the Internet by people with a semblance of common sense. Here's a brief tutorial:

= Big Grin = happy, smiling, good-natured, joking, carefree

= Wink = happy, smiling, good-natured, joking, carefree

= Rolls Eyes = sarcastic

= attempting to get you to understand the difference
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Old 04-19-2016, 09:17 AM
Location: Sylmar, a part of Los Angeles
3,993 posts, read 2,548,937 times
Reputation: 8531
I don't pay enough attention to emojis.
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Old 04-19-2016, 09:25 AM
4,348 posts, read 6,063,747 times
Reputation: 10448
These posts, so many opinions being hammered into other posters' heads... If ever there was a reason for not living among seniors!

As previously posted, we live in a 55-plus, this is currently spring school vacation in MA, and how nice it was to take our grandkids to the indoor pool so they could splash and play with other kids visiting their grandparents.
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Old 04-19-2016, 09:35 AM
Location: Verde Valley AZ
8,623 posts, read 9,694,429 times
Reputation: 11007
Originally Posted by MaryleeII View Post
I still have young--adult---children who are struggling to make their way in the world. DD18 and DS19 both now live elsewhere and think they have it all figured, but, stuff happens. I want to keep a safe harbor for them as they establish their own lives. We will be buying a house soon, and consider it a transition home. A home for dh and me, but also a place where the kids can light if they need to. Much can happen in the next years......so we don't want to consider a retirement age-restricted place, at least not yet.

Besides, in general, I would not want a place with so many restrictions, regardless of my age! If I reach a point in life I'm so old I need extra help, I could hire such, like a cleaning lady, lawn service, etc, but I just don't want to consult a list of rules every time I make a decision!

That's exactly how I feel although I did consider buying in one of our really nice 55+ parks here. I would have loved to buy that cheap...and really nice homes too!...for half what I paid for the one I bought. BUT I don't want to go by someone else's 'rules and restrictions'. Also got a much larger property. The biggest reason I opted to not buy there was the lot rent of $500+ mo. forever and ever and you never own it outright.

I live in a working class blue collar neighborhood with plenty of kids but so far I have had NO problems with any of them. The school busses stop at my driveway and I have had to tell the kids to quit doing some things, like throwing rocks or fighting with one another! I suggested to them that they could keep the weeds pulled around my mail box.

There is a really nice mfg. home community across the street from me and makes our neighborhood look nicer than it would otherwise because it's well maintained. My ONLY complaint about my neighborhood is people's yards! So much 'stuff' and a lot of junk. My neighbors on each side have really junky back yards and one is full of broken glass, bottles, cans, etc.. That's what's left after they did some serious cleanup too! And their kids play out there! Sometimes an HOA might not be a bad idea.
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