Speak to an attorney, it is a matter of interpretation and an attorneys job is to fight for you. There may not be a fight. Speak to a real estate attorney that is quaified to handle your purchase or having the house put in your name. If you need an attorney, email me and I can send one that I have had experience with interpreting the law in this situation.
See this link - http://www.greenbaumlaw.com/Rsc_FilesView.asp?fileCode=687N5
I live in an active adul community with softball, tennis etc..... Live on.....Enjoy!
The Housing for Older Person's Act (HOPA) which sets out the exemption in the Federal Fair Housing Law allowing 55+ housing states that in qualified housing for older persons 55+ 80% of the units must be at least occupied by one person aged 55 or older per unit. No more than 20% of units may be occupied by residents under age 55. As I understand it this is specifically to allow for situations like the daughter in your case. If the community does not have more than 20% of the residents under age 55 she should be able to live there. My suggestion is to have her consult with a real estate attorney to understand her rights in this matter and then approach the management of the community.
The town normally has a 20% set aside for age restricted communities. That is that the commuity is build as an age restricted community to make sure there is no burden on the school system, however, a town may allow up to 20% of the community to be less than that age. In my area of Northern New Jersey for example, Rockaway Township minium age is 52, in Denville the minimum age is 48, in Wharton the age is again 52. As long as the community does not have more that 20% at these age levels you should be able to work this out. First thing is go to the town and see what they know about this, after that read your POS for the community. A local attorney should be able to guide you through this, Good Luck and hope all works out for you. Communities are not allowed to advertise this so many people are not aware of this set aside.
Call me to discuss. I do alot of business in Adult Communities, although not in the Forked River area and am an SRES. In addition, I am under 55, currently live in an adult community . . . I was granted permission to stay after my Mom passed as I had lived and cared for her in her last years.
Francesca Patrizio, ePro, SRES
All active adult communities are different, so it really depends on the comminity.If it happens to be a coop which many senior communities are in Whiting, they usually are stricter & usually will not even allow the
owners to rent it out. However, they may sometimes buy it back from her If it is not a coop she may have some leverage & should submit a written request to the board at her association & explain her hardship. Many adult communities allow up to 15% of the residents to be under 55 , I know my community does. so even though she is 53 she can still own it, if they say no. she can rent it out for 2 years or if she wants to live there she needs to find a roommate over 55 & stick it out for 2 years w/ a friend then she can stay there.
I think this is going to become a bigger issue. As financially strapped older kids move in with their parents.
Check with an attorney in the area, although the development states the miumum age is 55.. I am pretty sure that (not 100% sure) In NJ... 20% in the development that can be under 55 and if that percentage has not been met... it is good.
Get a copy of the by laws and talk to a local attorney.
Send me the development and I will see what I can find out for you.