Posted: Wed Dec 24, 2008 12:46 pm Post subject: Turning into a 55+ community
My husband and I live in a gated manufactured home community. The residents are seriously considering the possibility of turning our community into an active 55+community, but don’t really know the whys and wherefores of doing so. Do you have any websites that might prove helpful to us?
Joined: 24 Nov 2006 Posts: 52 Location: Madison CT
Posted: Fri Dec 26, 2008 2:15 pm Post subject:
As far as I know there is nothing official about the term active adult community - just about any community can claim that term if they want to attract 50+ residents -- and have something more active than a community TV! The age restriction part is trickier. There is a federal law that says that 55+ communities can be exempt from age discrimination laws for real estate if 80% or more of the units have at least 1 household member meeting that age qualification. (see below). State laws may have additional wrinkles. If you are serious about this you will probably want to hire a lawyer who is familiar with that area of the law.
You might also check out this site for the Community Associations Network, they have a lot of great info for home owners associations. http://communityassociations.net/index.html
The legal basis for the 55+ housing exemption is contained in HOPA, which amends Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988 (Fair Housing Act)
"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."
http://www.hud.gov/offices/fheo/library/hopa95.pdf _________________ Site Gadfly - Enjoy the site - and post frequently!
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