55 and over condos (Largo: rental, HOA, mortgage)

[matt_sfl]

My mom owns a condo in a 55 and older place. She has an extra room she says she could rent to me. I could live for cheap and she likes the company. The problem is I'm only 36. But I was reading this page from the FHA website: Senior Housing - HUD
and it says at least one person in the household has to be 55. I could pretty much live here and be unnoticed. But for all I know I might legally be allowed to live here! Then I wouldn't have to sneak around this place like Anne Frank. Anyway I don't have kids, and all I do is work and sleep. Do any of you know how the 55 and over law applies to roommates?

[housingcrashsurvivor]

Interesting question. Doesn't seem like would be a problem but you should check that community's association rules. With the cost of assisted living and how so many would prefer to stay in their own homes as long as possible, it sure seems people would be shooting themselves in the foot to not allow younger live-ins.

According to this web site Age restricted communities - Top Retirements

In Florida, for example: "The housing is intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:
1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older.
2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons
3. The facility or community complies with rules established by HUD for verification of occupancy".

Federal law (Fair Housing Amendments Act of 1988)to Title VIII of the 1969 Civil Rights Act requires that 100% of the residents in a community built for occupants 62-years of age or older must be 62-years of age or older. Communities intended for residents 55-years of age or older only need to have 80% of the residents and one person per household must be 55-years of age or older. If they do not meet these tests they cannot discriminate against other age groups.
The Housing for Older Persons Act (HOPA), signed into law by President Clinton on December 28, 1995, amended the housing for older persons exemption against familial status discrimination. The HOPA modified the statutory definition of housing for older persons as housing intended and operated for occupancy by at least one person 55 years of age or older per unit. It eliminated the requirement that housing for older persons have significant services and facilities specifically designed for its elderly residents. It required that facilities or communities claiming the exemption establish age verification procedures. Children (and often grandchildren) can be a problem in a baby boomer retirement - normally there is a maximum amount of time they can live there, although this varies by age restricted community.

Probably that article was not referring to adult children of 55+ aged residents.

By the way, I think it's great that you and your mom get along so well. My mom was also my very close friend. Miss her terribly. Such a shame when people can not be friends with their own family, something I see all too often.

[lavender]

Depends on the community too. I am in the process of selling a condo at Lakeview of Largo South in Largo (fabulous community btw if anyone is looking) the owner has an older than 18 neice who will be allowed to live with her. Other's below 18 may stay for shorter periods but not live there. Best thing is have mum check with the HOA to be sure of your position.

[matt_sfl]

Thank you for that link to HOPA. According that amendment, I could be a listed resident here, and they would still have their senior housing status. The question is, can the condo association impose tighter rules? I do know that guests are limited to 2 weeks per year. But I want to be a legit, listed tenant here. I've been coming to this place since my earliest childhood memories. My grandparents bought a brand new unit here in the 70's. My mom owns that 1 bedroom unit now, no mortgage. My dad also has a place here, a nicely redone 2 bedroom (they do better apart). What we were thinking is that they could switch units and my dad would have a paid for place. Between my mom's social security, the help she gets from my dad, and my income, we would cover the mortgage and expenses on the 2 bedroom. It's a win-win for everybody. I could probably continue living here the way I am, and just stay off the radar. But if they did this switch, she would be relying on my income to pay expenses. I wouldn't want some note from the BOD saying "your guest needs to leave". Then she'd be hurting. That's why I'm trying to figure out the laws and see if I can be recognized as a permanent resident here.

Originally Posted by housingcrashsurvivor

Interesting question. Doesn't seem like would be a problem but you should check that community's association rules. With the cost of assisted living and how so many would prefer to stay in their own homes as long as possible, it sure seems people would be shooting themselves in the foot to not allow younger live-ins.

According to this web site Age restricted communities - Top Retirements

In Florida, for example: "The housing is intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:
1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older.
2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons
3. The facility or community complies with rules established by HUD for verification of occupancy".

Federal law (Fair Housing Amendments Act of 1988)to Title VIII of the 1969 Civil Rights Act requires that 100% of the residents in a community built for occupants 62-years of age or older must be 62-years of age or older. Communities intended for residents 55-years of age or older only need to have 80% of the residents and one person per household must be 55-years of age or older. If they do not meet these tests they cannot discriminate against other age groups.
The Housing for Older Persons Act (HOPA), signed into law by President Clinton on December 28, 1995, amended the housing for older persons exemption against familial status discrimination. The HOPA modified the statutory definition of housing for older persons as housing intended and operated for occupancy by at least one person 55 years of age or older per unit. It eliminated the requirement that housing for older persons have significant services and facilities specifically designed for its elderly residents. It required that facilities or communities claiming the exemption establish age verification procedures. Children (and often grandchildren) can be a problem in a baby boomer retirement - normally there is a maximum amount of time they can live there, although this varies by age restricted community.

Probably that article was not referring to adult children of 55+ aged residents.

By the way, I think it's great that you and your mom get along so well. My mom was also my very close friend. Miss her terribly. Such a shame when people can not be friends with their own family, something I see all too often.

[housingcrashsurvivor]

Certainly you want to live there legitimately so you don't have ongoing concern about that. Again, check with the association. But also your mom & dad (especially if divorced, but maybe even if separated) might consider (hoping this doesn't complicate things or cause ill will) putting in writing that if you--for whatever reason: marriage, partnership, relocation, death (knock wood) whatever--will no longer be a source of income for your mom that she should be able to relocate back to her original paid up unit.

Because even if your dad would agree to continue helping her now, if that is not a legal agreement, he could change his mind later due to being persuaded by others, dementia, who knows what and your mom should be protected from both his changing his mind and from changes to your circumstances, particularly if she is able to afford living on her own as she is now. In other words, make sure that this change only helps you and her but not at any expense of endangering her future security.

[lavender]

If the condo association wished to change rules to make them 'tighter' as you say, then people who are already in would be grandfathered - bit like when pets become not allowed,folks who have them can keep that one til it goes then that's it. I know a condo that is a one day rental minimum in a building that has been 7 day for about 20 years, until they sell it, it's still a one day rental minimum for them. Find out now your situation and get yourself acknowledged if you can and then you will be grandfathered should the association change rulings later.