55 Community 80/20 rule?

Asked by Jstone, West Palm Beach, FL Thu May 14, 2009

Originally, I sold this villa to current owner in 2004 and she is under 55 years of age. New buyer is also under 55 and HOA is denying the application. I'm receiving different answers from HOA President and Management Company and appears they just don't want young adults residing. This buyer would be replacing the current under age seller...so I'm at a loss. If the Association has ammended the documents don't they have to file with Clerk of Courts and be made public? Should buyer/seller hire an attorney or call HUD? This doesn't seem legal.

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Vicky Chrisn…, Agent, Purcellvile, VA
Thu May 14, 2009
First, familiarize yourself with the federal regulations for Fair Housing. Then learn your states fair housing regs as they relate to familial status and age. Know that HOAs, counties, cities can put into place additional restrictions but they can not violate the fair housing laws. You can hire an attorney, but first do some leg work and simply ask the HOA to provide the data.
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Joan Lorberb…, Agent, Boca Raton, FL
Thu May 14, 2009
My understanding of the Fair Housing Acti s that in order for a community to be in compliance with fair housing as it relates to being designated housing for older people (over 55 or over 62) then the community must demonstrate that at least 80% of the units are occupied by at least one person over the age of 55 or 62. The key words are "at least" and "occupied."

I suggest you call FAR's legal hotline for further clarification.

And, good luck!!!

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David A Podg…, Agent, Boynton Beach, FL
Thu May 14, 2009
80/20 is up to the HOA... there are communities that will refuse it completely and it is up to them how to enforce based on how the residents and board themselves vote.

They do not have to "replace" because the intention of the 80/20 rule isn't always interpreted that they can allow people under 55 to LIVE there - but they can OWN there

different interpretations of 80/20 could be:
1) Child buys home for parent
2) Parent passes and wills property to child who isn't over 55 yer
3) HOA opens without enforcement and then changes to enforcement
4) HOA enforces and then stops enforcing
5) person can BUY before 55 but not move in - has to rent and wait during any restriction period

Also, the HOA can allow less than 20%... and also refuse ALL tenants

The Buyer and Seller went into contract with an HOA/Condo disclosure, right? If they both signed it and then the HOA rejected the Buyer then the contract is null and void. It is up to the HOA to make that rule. They can reject applicants for MANY reasons including reasons that are the fault of the Seller!

It really makes no difference that the seller was under 55 then - the HOA regime in place is the one that gets to interpret their status as 80/20 or not 80/20.

I believe Florida law allows 80/20 to afford room for the interpretation of the definition of age as a protected class....but I also believe a call to FREC will help you understand more fully how protecting age can work in reverse in this state which is 30% retirement communities. There are protections afforded to that group of residents and part time residents based on their unique needs and preferences as "snowbirds".
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