Interpretation of FLA law

Asked by Ron Allen, Fort Myers, FL Wed Jun 27, 2012

It my interpretation of FLA law that we (I am older than 55 and my wife is younger than 55) could buy in a 55 community and if I die my wife could continue to live in the community even though she is not 55. Is this correct? Thanks, Ron

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Bobby Tyler, Agent, Fort Myers, FL
Wed Jun 27, 2012
The Act is based on residency and not ownership. That means a son or daughter under the age of 55 can buy a home and let their parents 55 or older live in the home. A young investor can buy a home, but he or she can only rent to a 55-plus renter.

There is also an 80/20 percent rule in the Act. It is an exemption that applies if a resident who was 55 or older dies. If the spouse is not 55 years old, she/he can remain in the unit and they would fall under the 20 percent that do not qualify. The same would be true if the property is transferred as an estate to an adult child younger than 55; they can move into the home as long as they do not have children younger than 18.

One other requirement in Florida is that the board must file every two years with the Florida Commission on Human Relations. Failure to do so will disallow the community to restrict residency.

I am not a real estate attorney and all legal advice or interpretation should be done by a FL licensed attorney. ;)
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Thanks Robert... that is the way I understood the law also, But, what if at the time of death the 80-20 rule was met with the 55+ community... I know I'm getting technical.
Flag Thu Jun 28, 2012
Danielle Sha…, Agent, Cape Coral, FL
Wed Jun 27, 2012
Only an attorney can interpret Florida law.

Depends on the ratios the community requires. Have to speak to the association.
0 votes
Marc Comisar, Agent, Bonita Springs, FL
Wed Jun 27, 2012
Contact an attorney
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