General Area in Whiting>Question Details

Nina M. Sher…, Real Estate Pro in Forked River, NJ

Do you have any suggestions regarding convincing an age restricted community to make an exception regarding minimum age?

Asked by Nina M. Sherwood, Forked River, NJ Tue Oct 5, 2010

Situation: A mature daughter (in her forties) moved in with her elderly mother to take care of her mother because her mother gradually became demetia and developed Altheimers. When the mother passed away, the daughter was the sole beneficiary and inherited her mother's retirement duplex. However, since it was age restricted, the daughter couldn't live there. Now, due to this terrible economy, the daughter is currently unemployed, may have to sell her own home, but has been told, she cannot live in her mother's duplex, even though she owns it, because she is only 53 years old. The age restriction is a minimum 55 years old . Only 2 years short of the minimum - Couldn't this retirement community make an exception to help a hardship case? Has anyone had any experience convincing an age-restricted community to make an exception? If so, how? Did you contact the Board of Trustees at this community? Ideas and suggestions appreciated here. Thank you.

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Hi Nina

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.

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1 vote Thank Flag Link Wed Oct 6, 2010
If they won't bend, rent it out and use the rent money to get a cheap place until you can move back in. Maybe the calendar year of turning 55.
0 votes Thank Flag Link Fri May 17, 2013
I live in Georgia and moved into a new DW 4 years ago. I was 49 and my wife 47 at the time. They didn't have any trouble taking my money :0). They advertise as a 55 and older community but you could have 10 to 20 percent of communtiy under that age! It's a law. Might be fair housing law or something similiar. I still get some looks in my development but other 50's people are moving in too. Don't worry. You are fine. If they give you trouble get a real Estate attorney or find the info on the internet and print it out and show it to your sad sad HOA. Give my a break HOA's. They have nothing better to do then bust our chops! It so sad....
I live in an active adul community with softball, tennis etc..... Live on.....Enjoy!
0 votes Thank Flag Link Mon Sep 26, 2011

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.
0 votes Thank Flag Link Fri Nov 19, 2010
Hi Nina:
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.
0 votes Thank Flag Link Fri Nov 19, 2010
I was touched at receiving so many helpful comments, and will contact some of you for further advice. Thank you so much.

Nina M. Sherwood
0 votes Thank Flag Link Sun Oct 10, 2010

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
Web Reference:
0 votes Thank Flag Link Sat Oct 9, 2010
We have had success with this exact situation, which you would think is one in millions. This was an HOA, and they did make the exception because the person was only 60 in a 65+ community. Each HOA/Community is different, and I would honestly approach them with an attorney if they have already forced her out.
0 votes Thank Flag Link Thu Oct 7, 2010
Hi Nina
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.
0 votes Thank Flag Link Thu Oct 7, 2010
Some communities will have an allowance for a certain percentage of under age residents. Check their POS or speak with their Association President to see if that is the case where you want to go.
Web Reference:
0 votes Thank Flag Link Wed Oct 6, 2010
This is a great question. I have a similar situation . Mother and daughter want to purchase a home in age restricted community. But daughter ,who is 50,is worried that if her mom passes away she will get kicked out. I am curious to see what will be written to address this question.
I think this is going to become a bigger issue. As financially strapped older kids move in with their parents.
Web Reference:
0 votes Thank Flag Link Wed Oct 6, 2010
I have seen this happen in several adult mobile home parks, and many times the park manager will waive the restriction due to the fact that the person does not have young children. I agree that she should seek the advice of an attorney and would also recommend talking to neighbors and trying to find out where else the rules have been bent perhaps about pet restrictions, lenght of time that family stayed and other rules that exceptions were made. Also if the daughter has any possible physical handicaps or disabilities, sometimes that is viewed as an exception. My other suggestions are, is there a time limit that the house has to be sold by? Who sets the price? Can she rent it for a few years and then move back? Does she have an older sister to buy a share??? You don't have to have equal share with tenants in common! Best, Terry Bell, Realtor, Santa Rosa, CA
0 votes Thank Flag Link Tue Oct 5, 2010
all rules are subject to scrutiny and interrogation, my suggestion, get a lawyer and fight,.. dont waste talking to the people that enforce the rules. you are close enough in age to drag this thru court for 2 years, then your problem is solved.
0 votes Thank Flag Link Tue Oct 5, 2010
Hi Nina,

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.
0 votes Thank Flag Link Tue Oct 5, 2010
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