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Can condo association change bylaws to a 55+ community?

Posted on Sat, Jun 05, 2010 @ 03:11 AM

over 55 communityCan owners/buyers be specifically limited to those over 55 years of age and without children? We have a small (eight unit) condo complex (two buildings) and they were not built for children. One family had two small children and two dogs and two vehicles in a two-bedroom, one car garage condo. The immediate neighbors were able to hear running children and barking dogs constantly. This family is now moving and have sold their condo to a widow over the age of 60. I would like to now adjust our condo association bylaws/rules to include no sale to anyone under the age of 55 or with children living at home. Is this legal and possible? Also, do condo association bylaws/rules need to drawn up by an attorney or can it be done by the owners of the condos?

Making amendments to condo association bylaws




This can't be done by revising the Bylaws only. You will need to revise the Covenants and be eligible under the requirements of The Housing for Older Persons Act of 1995 (“HOPA”). This act provides an exemption from Fair Housing laws that would otherwise prevent discrimination against certain prohibited categories, including families with children. Under HOPA, to be eligible: (1) a certain percentage of occupied units must be occupied by at least one person 55 years or older (I believe this is 80%); (2) the community must publish and adhere to policies and procedures that demonstrate intent to comply; and (3) the community must comply with HUD rules for verification of occupancy. 

posted @ Friday, June 04, 2010 8:13 AM by Melissa Garcia

I live in a 15 unit and why on earth someone would want to have children in a condo is beyond me. I am talking 3/4/5/ and older. 
Children belong where they can run ouside and play, so I wished people would be considerate of older people that live in a condo type area where there is not that type of grounds. I love children but I don't think they belong in condos that don't have those facilities. I now have a feel of what we need to do to have our site proptected in the future. This also goes for the owners who want to rent their condos out to people with children. Be considerate and stop thinking $$$$'s

posted @ Friday, June 04, 2010 9:27 AM by s

I agree with Melissa, and confirm that 80% is the required percentage, and that you need to amend the declaration in order to amend. I don't think that it is clear, however, that you can amend at this time. Other lawyers disagree with me on the subject, and I'm currently litigating the issue. (It's my belief that there was a limited window during which this could be done. There's a surprising lack of case law authority on the subject.) 
At any rate, based upon my experience, I wouldn't recommend that any association try to convert, because it's an invitation to litigation.

posted @ Friday, June 04, 2010 9:27 AM by Lincoln Hobbs

I'm 80 and have in children live in our condos enriches us all. How did people grow to grumpy in their old age? Shame on you.

posted @ Friday, June 04, 2010 3:39 PM by joanne allison

If you are a condominium community you must have fikled your by laqws with your circuit court. Secondly-most states have a Condominium Act O(State Law)that dictates theie state requirements to be met by the by laws. You should get copies of both. It is legal to require unit owner and family members to be over age 55. If that provision is not in your by-laws then you have to take action to amend your by laws accordingly

posted @ Monday, August 09, 2010 10:29 AM by Charles Adler

A lawyer must do it, they are the only one's that can state the issue in the appropriate legal terms. You must change you documents to reflect the (over 55) status. It should be done in the declaration or the Certificate of Incorporation, or the so called Master Deed. This change will most likely take a 75% unit owner vote in the affirmative. For the ones that do not want to vote that way, grandfather them in, so as long as they own their unit they do not have to follow the ove 55 rules, that will be the only way you will get this through, if you have several that do not want to do it.

posted @ Wednesday, September 29, 2010 8:11 AM by Harold

I live in a condo community (Texas) and our Declaration or Bylaws do not specifically state restrictions to over 55. If we comply with the 80/20 rules can we put language into our Declaration restricting our HOA to over 55 only? 

posted @ Monday, February 07, 2011 10:19 AM by Genny Thomas

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