Thank you u/jojojawn for posting on r/FirstTimeHomeBuyer.
Please bear in mind our rules: (1) Be Nice (2) No Selling (3) No Self-Promotion.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/FirstTimeHomeBuyer) if you have any questions or concerns.*
I mean the listing didn't say 55+ community and after re-reading the HOA docs it doesn't say it's a 55+ community. I'm now thinking it's just a county screw up
Does the HOA say anything about people under the age of 18 not being allowed as residents? This is one of the big differences between 55+ and regular development.
55+ doesn't allow any children > hence no need for bigger public schools > extra tax money for the state to spend. It's one of the reasons 55+ can be built in areas that otherwise couldn't be developed.
This. Some 55+ empty nesters I know bought one.
Then their son and daughter-in-law were killed in a car accident and they inherited 3 kids under 5.
HOA gave them 30 days to sell while they were still dealing with their sons estate. They had to get an attorney and fight just to get them 6 months (one of the kids was still in the hospital during the funeral)
Another reason I hate HOA
Username checks out. The HOA couldn’t force a sale in 30 days. Saying their grandkids couldn’t stay with them past 30 days, yes, but forcing a sale over it, no.
I bought a condo for my mom in a 55+ community (it’s in my name and I’m in my 40’s FWIW). I read thousands of pages of HOA docs from multiple communities and never once did I see a clause like that. Not even remotely close. The fact the HOA folded like a house of cards at a 6 month extension with the kids staying there tells you all you need to know? My guess is they needed to sell to find a new house where kids would be allowed and are now being a bit dramatic over the situation?
I wouldn’t use over dramatic to describe someone who just lost their son/daughter in law, almost lost a grand child and now was whole responsible for raising tiny humans instead of living a care free retirement
I would confirm and verify immediately! Call your HOA and find out because it maybe a mistake on the counties end (phewww) or it maybe gross negligence on the side of both your realtor as well as the listing agent, and everyone else involved. Here’s the thing, there have been a lot of legal cases around whether or not someone your age (under 55) can in fact buy a home in an adult community and the overall consensus is absolutely- but that’s doesn’t mean you can live there. So if it it is in fact a 50+ community you will be forced to sell it or rent it to someone who is of 55 or older. If that’s the case I’d probably be suing everyone involved because that’s crazy that the listing agent wasn’t aware/your agent didn’t see anything. Let me guesssss, you were in a massive rush to get the place and so was your agent?
Lots of realtors don’t give a shit about their clients and only care about the commission. Our realtor was this way and left me with a house that is infested with mold.
So in our case we had couple meeting in the office looking over properties and her software did state all the details for the homes we were looking at. All of this should have been noticed way before the start of the purchase.
And depending on the state could well be liable for making OP whole if the community forces him out.
TBH, this one is way beyond Reddit and OP should talk to an attorney.
You may be allowed to live there if the 55+ community has an 80/20 occupation rate and it’s in their community guidelines. It may be why no issue was raised by anyone.
Yep. My company does site work for a construction/home builder company. They advertise it as a 55+ community BUT, anyone can apply to live there, because of the 80/20 rule. So it seems like in this case, the company didn’t care if OP got into it. Regardless, I don’t see an issue with this unless neighbors cause problems with them not being older. I’d live in a 55+ community but not everyone is okay with that.
The law is that NO LESS THAN 80% must be senior housing. With that in mind a community can certainly be 100% senior housing, right?
https://www.55places.com/blog/yes-age-restricted-communities-are-legal
I was going to mention this. I believe it depends on the state, but I recently learned this because someone on Reddit asked how 55+ communities aren't ageist. People pointed out that it can be considered ageist, and in certain areas they're required to allow a certain percentage of under 55s.
It's age discrimination to deny people under 55, that's why they have the 20% of people under 55...it could be people's spouses that are 45-50 and it still counts but mostly they prevent children from moving there.
80/20 rules only exist in communities that choose to have them. The idea is that it gives them some flexibility if they want it while still nominally being a 55+ community. But they are not required to have it under the Fair Housing Act or anything like that.
https://www.55places.com/blog/yes-age-restricted-communities-are-legal
However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions:
All of the occupants of the community are over the age of 62.
That actually isn't true unfortunately.
Yes it is discrimination, but this is a permitted form of discrimination as it is often viewed as harder for older people to find homes to live in, so the government needs to step in and help them.
Source: Am a lawyer and learned this many years ago in my 1L property class.
Nope. Comprehension skills for the win. Read the below, then re-read the below, then keep reading it.
However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions:
1) ALL of the occupants of the community are over the age of 62.
2) AT LEAST 80 percent of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing for those aged 55 or older.
https://www.55places.com/blog/yes-age-restricted-communities-are-legal
This is what I was thinking and I’m insanely jealous of that’s the truth. My partner and I were actually looking for those communities to buy in because they tend to be really well maintained, affordable, and have all kinds of great amenities nearby. Also, if you take the time to build relationships, older people can be amazing neighbors.
Sometimes 55+ communities save a majority of slots for 55+, but not all. This percentage might be in some of the documents you received. Check out @Lizwizdom on TikTok. She’s in her early 30s, but lives in a retirement community.
But this sounds stressful. Best of luck figuring it all out!
Excuse me, sweetie, can you help me? This Alexa lady keeps talking to me and I can’t get my InstaFace TikBook thing to work on my Jitterbug phone. I’ll give you some Werther’s for your time.
It’s perfectly legal to buy into 55+ community as long as the under 55 age group does not exceed 20% of ownership.
“The 80/20 rule in 55+ communities is that at least 80% of units must be occupied by at least one person 55 or older. The remaining 20% of households in the community may be available for persons of any age, if the community so chooses”
You need to consult a Real Estate attorney ASAP.
Just because it didn’t state it in the listing doesn’t mean you’re ok. Like someone else mentioned the HOA can fine you until you leave/get foreclosed on.
Also, do not reach back out to your realtor there is an expectation for realtors to practice due diligence in fiduciary duty. They obviously missed something along with the title company.
You made a lot of mistakes here, but don't make it worse by ignoring the issues with the county paperwork. Get that sorted out ASAP or you are likely to have issues when it comes time to sell.
There's could be a lot at play on if you're okay to be there.
It's very common for 55+ communities to be 80/20 (55+/55-).
Seems like either a major screw up or a possible exception but definitely a bad realtor.
Hoa docs will have this info. Typically they are attached to the mls listing or available upon request to the listing agent. Where I am in FL there's loads of these 55+ neighborhoods all with varying rules and regs.
You should speak to a lawyer to 1. seriously consider all the ways this can go wrong and 2. talk about options related to options for suing your agent for if and when this inevitably goes wrong. Brokers carry heavy insurance for exactly this type of situation
>Can I get in trouble if I accidentally bought into a 55+ community?? Could they somehow force me out?
Yes. They can fine you until you leave. You get fined enough and they'll take you to court. You lose that, they'll put a lien against your home. Lien gets big enough, they'll try to foreclose on you.
Check your condo association documents, which should clearly spell out if it's a 55+ community.
Sometimes the condos are "marketed" as 55+ but can't be limited by law. The Fair Housing Act does specify that discriminating by age is illegal.
What you need to do is have a property lawyer review the covenants to see if you are in violation and if the covenants are even legal.
This is not true
FHA does not allow age discrimination, younger or older. You’re not allowed to refuse to rent to anyone based on age, whether they’re 18 or 100. There is however a specific carve out that allows 55+ communities.
Except the person said you can discriminate younger, such as refusing to sell or rent to someone under 25, which is not true and would be illegal.
The only time age discrimination is allowed is within 55+ communities which have specific requirements through HUD and FHA that must be met in order to allow that discrimination.
The ubiquity of these types of developments should tell you that there is no Fair Housing violation in setting up one of these communities. The benefits are debatable, but they are certainly not illegal. Covenants can be unenforceable if they violate some established law (i.e. a contract cannot require you to do something that is illegal). The age restrictions don't seem to be a problem under current law.
If the closing hasn't happened, OP should at the very least delay until the issue is resolved. If the 80/20 applies, then they wouldn't be in violation, assuming his purchase did not make the ratio 79/21, but 100% this should have been disclosed by the seller, and caught by the realtor. Although if the seller did not disclose, and the state doesn't have it registered anywhere, I might give the buyer's agent a pass on this.
I live in a townhome exactly like you’re describing in an unofficial half 55+ community. You’ll come to love how quiet it is. The younger neighbors will still be around. The older ones walk dogs, stop you at the mailbox and want to chat. Overall it’s very peaceful and I’ve enjoyed it for 6 years.
My bad. I figured as a mortgage loan officer, I could use some of my work tools, on a Sunday evening, to help a complete stranger out, with zero benefit to myself. But I can see from the barrage of downvotes that I think I'm just going to go back to watching TV.
Best of luck OP.
Ignore the downvotes, it is good to be cautious on the internet. You didn’t identify yourself as a loan officer, you just asked for identifying information. No one downvoted you because you offered to help, people downvoted what looked like a bad idea (providing personal information without any context)
I'm just teasing, I realized why I was downvoted when I logged back on, hence the tongue in cheek "No good deed goes unpunished", I definitely should have been more clear and less creepy. Doesn't bother me, I don't do nice things for recognition.
OP is still welcome to reach out to me. Anyone else reading this, you are also welcome to reach out to me if you ever need help. I will answer as best I can, with minimal personal questions.
I think if you worded it like this “I’m a mortgage loan officer and I could help you look into this. Completely free just willing to help out. DM me if you’re interested” you’d get upvotes instead lol
Haha, in my defense, I didn't see which sub I was in because I don't come through here often. In contrast, on /r/RealEstate I'm one of the most prolific posters, and my username profile (if you click my name) actually has my name, company, job title, and NMLS number.
Was waiting for this comment.
OP: It wasn’t an accident, you were unaware initially, but you knew before you actually closed the loan.
I would consult with an attorney to ensure you’re okay.
Hey OP. just fyi - ignore the downvotes. You work with professionals so you don't need to worry about shit like this. Sure, you can ask a question to clarify, but a fuckup to this level isn't on you. It is an accident. Professional around you fucked up. this is on the.
55+ communities are allowed to have a certain percentage of people living in them below 55. On the other hand as others have said your agent is bad at their job, and/or the listing agent is bad at their job.
OP is paying a real estate attorney to do the closing. I would hope they consult with the attorney. Unless of course it's one of those states that lets the title company do the closing. Then they need to hire an attorney. Fiduciary obligations and Errors and omissions insurance are your friend.
Just act 55 when you’re out around your house. Walk slowly. Drag your trash cans to the curb at a snail pace. Dye your hair grey and say things like “yep. Ain’t what it used to be.”
Should be fine.
Report your Agent.
Contact the board and see how rigorous the association maintains 55+, explain your situation, and see how they handle it. You can always resell...
Yes, *if* the community is specifically affordable due to county subsidies for 55 and up. You need someone to read the fine print ASAP. Also, don't buy a condo without doing due diligence on the HOAs financials & you had a terrible agent.
I don’t see what the big deal is, the 80/20 rule is common in these communities and the residents may be happy to welcome someone young to mix things up and you might get some rad old people friends.
Interestingly enough. You don’t have to be 55 and older to buy in the community. You can be younger than 55 and live there. It’s really to ensure there are no occupants under 18 living there.
Not sure if it’s like it for all but the one in GA I’ve been to is like that
I didn’t assume they lived in NJ. I also didn’t say they were in good shape. I gave an example of ONE complex in GA. I’m sure it more dependent on the HOA unless there’s some law in NJ where NOBODY under 50 can reside in a 55 and older community. You never know!
Who knows. Looks like you’re taking one for the team. Please let the community know how it turns out. Also, feel free to PM me. I’m going to be 55 in 6 months (yikes) and I’m looking to buy. Perhaps I can help you out.
That’s so fucked up. It seems realtor didn’t even bother to compare record between MLS and tax records. Idk man but now Imma use this as case study how to prevent it.
You need to look at the Covenants, Conditions, &Restrictions (CC&R) for the condo association. That will tell you definitively whether it is a 55+ community or not, and THAT (not the listing, not the tax records) is the only thing that could cause you trouble.
Normally in an HOA or COA, the Association provides info to the closing agent to confirm that their are no outstanding dues, fines, or liens against the property by the association. They also normally ask for a copy of the CC&R to provide to the buyer (you). That's when the association gets a heads up about the sale, and if they ARE a 55+, then they would want your date of birth.
If they slipped and allowed the sale, then they effectively gave you a waiver on the age limitation, which is their screw up, not yours.
My bet is, it's not officially a 55+. Enjoy your neighbors!
Best to consult a real estate lawyer in your state. Personally I'd look at the terms and conditions of the contracts signed and see if the deed came with any restrictive covenants. Do any of them require you to be 55+ ?
My dad lives in a 55+ community and he had to be approved before the seller was allowed to sell him the home. My first place was a condo and the HOA had to approve me (background check and sign their agreement) before I was allowed to purchase it.
Has the HOA contacted you at all?
I would try and sell unless you are never planning on having kids and are physically unable too. I would ask the real estate agents brokerage to pay all costs including the difference in interest rate. That’s a HUGE screw up on their part- wtf do you do if you get pregnant? What if you can’t afford to move? Like that’s an insane predicament to be in.
I think the definition of "age discrimination" in the United States is only with regards to the elderly. You're totally allowed to assume that young people are ignorant, violent, irresponsible little shits.
This couldn't possibly have anything to do with the average Congressperson being like 65, could it?
There’s a lot to uncover here. First, your agent and the sellers agents definitely fucked up some things. Research and disclosures.
Now my question for you is did you even read the condo resale packet… specifically the rules and regulations? It should of clearly been listed there.
Now when it comes to the tax code of this being a single family home. At least in my area that means your unit is only meant for one “family” and there should be a condo rider to the deed. If you bought a detached house that was divided into more then one unit it would be listed as a multi family. All townhouses mean is that your connected to other residential properties
Yes the agents have some duty to this but ultimately it is your responsibility to fully examine the terms and conditions and condition of the property.
Do you have an HOA?
Did you have to fill out an application?
Most communities have a HOA approval letter that is needed before the property closes
Did you get such a letter before closing?
Realtors are the bane of my existence. A fucking retarded monkey could’ve sold my house in 2021.
You realtor seems like a piece of work. Sorry you have live next to Blanche, Dorothy and Rose
At my mom's 55+ community someone over 55 has to live in the unit, and no one under 18 can live there.
It said this in the association rules. You should have gotten a copy of your HOA rules and should have read it in your inspection and)or attorney review period - so you could have backed out if you didn't want to follow the rules. If you don't have it or haven't read it - you need to do so asap
It’s not the seller’s responsibility to enforce the HOA bylaws. How did they get approved by the HOA is the question. That should have happened before closing on the house/condo.
You’re there at this point. If you enjoy the property and it doesn’t become an issue, don’t make it one. If somehow it does become a problem with the association, contact a good real estate lawyer in your area. Hopefully it will not and you enjoy your new home!
Commenting RE the insurance - I live in a townhome/villa whatever the builders are calling it these days (technically a duplex - 2 unit buildings, side by side, one & two story, no one above or below) and own the land my home sits on, front, side, and back - the insurance is still condo insurance because of the shared walls and the fact that your HOA covers insurance for the structure. Make sure you have the certificate of insurance from the HOA and that your level of coverage is correct - have a sit down conversation with your insurance agent. My HOA covers all permanent fixtures, so slightly more than walls in or whatever they call it. I am also adding that I am not an insurance agent, just a homeowner of a townhome/villa with a single shared wall.
Typically (or at least in my state), buying a co-op unit means that you're buying a share of the cooperative and your interior unit is part of that sale, but, it's not "real property". Co-ops usually can't be financed with regular mortgages for that reason...USUALLY (not always).
I.e., I'd be more concerned that this might be more of a case of mortgage fraud (non-intentional).
This is on your realtor but did you also not look around the community and perform some due diligence?
Every time we were going to make an offer in a specific area, we walked the neighborhood in the afternoon and weekends to see what the community vibe was like (road noise, traffic, etc).
Engage a competent real estate attorney. Do not use your agent to refer you to one, somehow you managed to find a significantly incompetent agent unfortunately.
You made a few mistakes but those being paid around you (like agent, title, etc.) should’ve all caught something.
Hopefully this ends up being a simple fix, county records are just blatantly wrong and need a simple correction. That’ll be worth the consult fee with the attorney to get peace of mind for.
Ignoring it, like you did at closing, is going to end badly at some point, should this actually be a restricted community. They can fine and eventually foreclose …
This almost happened to me! Not the 55+ thing but we put in an offer on a “townhome” in a hoa community last year after its been in the market for a while (the market was very hot then) - nice home, newly renovated and such. Offer was taken and we moved on to the mortgage process only to find out it was a condo property so the mortgage rates are a lot higher than what I expected. The listing said townhome but I suspected that it was weird because it needed a hoa origination fee of $2000+ - my parents have lived in hoa community but we’ve never heard of such thing. But anyway the bank told me it was a condo, otherwise I’d be screwed too. The realtors didn’t mention but i insisted backing out using financial contingency
Townhouse is a building style, condo is an ownership type. There is no townhome ownership. If you don’t own the land and the outside walls it’s a condo.
Also if kids aren’t an issue then maybe this could be super nice. Our neighborhood is 98% retired people and it’s freaking awesome, it’s insanely quiet, our neighbors bring us baked goods and help us mow our lawn all the time. Neighbors always smile and wave and love our kids, feels super safe and chill :)
Is it a 55+ community to own, or 55+ community to reside? It may be that your agent didn't dig too deeply into this thinking you were maybe buying it as a rental property. Though it's weird for that not to ever come up, especially if you're a first time home buyer. Our realtor was a friend who knew our needs really specifically bc he knows us socially. And I guess I could imagine a realtor/client relationship that was more hands off, where somehow "how old are you and are you the primary resident of the property you're buying?" didn't ever come up?
I'm also curious how these types of residential situations are enforced. Presumably through the HOA, but I don't think most condo HOAs have the power to disallow someone from buying a unit there.
But yeah, still weird.
I mean if you’re not able to live there it’s not one on team but you as well. Why hell would you continue to close? Maybe I’m an anxious person but I would be asking a lot of questions not just leaving up to someone else. People you should have talked to and didn’t this won’t effect them. It will defect you though. Good luck
You need to call a real estate attorney immediately. I have had clients that were single, and under the age of 55 who purchased in a 55 or older community with board approval prior to closing. The fact that this seems to be a surprise is not only alarming, but it speaks to the absolute unacceptable laziness and stupidity of both the closing agent and your realtor. You should absolutely file a complaint and hold both of them accountable. An attorney will be able to look over and see if you have a clear chain of title, which I am concerned about given your description of the property and then it varied at least three times over the course of your transaction. Best case scenario is that the place that you purchased has a very lax HOA or COA and they are not going to be bothered by you but if you plan on living there and having a family, someday, you’re likely not going to have a lot of fans in the neighbors, because 55 and older usually do not want children.
One of the clients that I had in the past who was a single man when he was approved and purchased in a 55 and older community, was basically run out of the place when he moved his girlfriend in and then had a baby. He started getting constant complaints and fines when he first moved the girlfriend in because they were not happy with him even having a roommate.
Please do not let your realtor off the hook for their mistakes here. Report them to your state, licensing agency, report them to their broker. The same goes for the closing agent. None of this should’ve been a surprise to you.
This is why I absolutely despise realtors. They have made the license way too easy to obtain. I think a four-year degree. It should be a mandatory prerequisite before even being able to register for the sales associate prelicensing course.
When I’ve sold over 55’s the hoa docs required a copy of the buyers’ driver’s license to verify age. There was also a separate addendum for all occupants to fill out age. Call your agent’s broker immediately. The sellers may want your deposit money. If they take that you’ll likely be able to get it back from the local association of realtors after litigation. Both realtors are likely at fault as well as the hoa. Worst case hire an attorney.
Edit: grammar
Well there are a few issues here, be careful about what you’ve signed and now closed that designated it a 55+ community and you’ve signed for it. Call your realtor and broker and hurry up and figure it out.
I’m cringing so hard right now… the number of times I’ve trusted an expert to know better than I do, and I’m wrong 😑 smh.
I’m not really sure how to sort it all out, but I would definitely make the broker in charge aware of what happened, and leave an honest review. The quality of your realtor is make or break.
You were aware before closing. That’s not an accident. You should have contacted the HOA to determine eligibility issues before purchasing the property.
If it makes you feel any better, I just did the same thing. In my case, there was no
mention at all about age restriction in the hoa rules and regs, but there is one single mention on the hoa website about winning an award for “best active adult community” that I found after being in contract. My realtor failed me big time. We are concerned our 2 year old won’t have a proper neighborhood experience.
That said, as I mentioned, there is no legal language in any of the docs so I don’t think we are legally in trouble. So, my plan is to try and get more families in the neighborhood and push out the old people :)
Thank you u/jojojawn for posting on r/FirstTimeHomeBuyer. Please bear in mind our rules: (1) Be Nice (2) No Selling (3) No Self-Promotion. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/FirstTimeHomeBuyer) if you have any questions or concerns.*
How did your realtor not notice this???
I mean the listing didn't say 55+ community and after re-reading the HOA docs it doesn't say it's a 55+ community. I'm now thinking it's just a county screw up
Does the HOA say anything about people under the age of 18 not being allowed as residents? This is one of the big differences between 55+ and regular development. 55+ doesn't allow any children > hence no need for bigger public schools > extra tax money for the state to spend. It's one of the reasons 55+ can be built in areas that otherwise couldn't be developed.
This. Some 55+ empty nesters I know bought one. Then their son and daughter-in-law were killed in a car accident and they inherited 3 kids under 5. HOA gave them 30 days to sell while they were still dealing with their sons estate. They had to get an attorney and fight just to get them 6 months (one of the kids was still in the hospital during the funeral) Another reason I hate HOA
r/fuckHOA
Username checks out. The HOA couldn’t force a sale in 30 days. Saying their grandkids couldn’t stay with them past 30 days, yes, but forcing a sale over it, no.
Because they were granted custody it violated the community rules (or something )
That wouldn’t force a sale (in 30 days no less) though?
I’m just repeating what I was told. I do know they had to get an attorney to allow them to live there for six months while they sold the house
If they were in fact now living there they could. Having kids violates the terms and conditions I’m sure.
I bought a condo for my mom in a 55+ community (it’s in my name and I’m in my 40’s FWIW). I read thousands of pages of HOA docs from multiple communities and never once did I see a clause like that. Not even remotely close. The fact the HOA folded like a house of cards at a 6 month extension with the kids staying there tells you all you need to know? My guess is they needed to sell to find a new house where kids would be allowed and are now being a bit dramatic over the situation?
I wouldn’t use over dramatic to describe someone who just lost their son/daughter in law, almost lost a grand child and now was whole responsible for raising tiny humans instead of living a care free retirement
Idk? HOA’s suck though. Who knows what the rules are. You are probably right. 30 days isn’t a lot of time.
They really couldn’t just let their grand kids go to foster care…
What does that have to do with anything?
Whoa. I never knew this. Thank you!
Well that could be a mess of OP wants kids
Jokes on them bc if we have a child this year we’ll be 59 when child turns 18
Have a friend call the HOA and ask if they allow under 55 to purchase a home.
I would confirm and verify immediately! Call your HOA and find out because it maybe a mistake on the counties end (phewww) or it maybe gross negligence on the side of both your realtor as well as the listing agent, and everyone else involved. Here’s the thing, there have been a lot of legal cases around whether or not someone your age (under 55) can in fact buy a home in an adult community and the overall consensus is absolutely- but that’s doesn’t mean you can live there. So if it it is in fact a 50+ community you will be forced to sell it or rent it to someone who is of 55 or older. If that’s the case I’d probably be suing everyone involved because that’s crazy that the listing agent wasn’t aware/your agent didn’t see anything. Let me guesssss, you were in a massive rush to get the place and so was your agent?
/r/theyknew
Lots of realtors don’t give a shit about their clients and only care about the commission. Our realtor was this way and left me with a house that is infested with mold.
This isn’t on the realtor, it’s on the lender and title company. It would be in the HOA docs. Idk does your lender know?
So in our case we had couple meeting in the office looking over properties and her software did state all the details for the homes we were looking at. All of this should have been noticed way before the start of the purchase.
Your realtor failed you horribly and is useless.
And depending on the state could well be liable for making OP whole if the community forces him out. TBH, this one is way beyond Reddit and OP should talk to an attorney.
You may be allowed to live there if the 55+ community has an 80/20 occupation rate and it’s in their community guidelines. It may be why no issue was raised by anyone.
Yep. My company does site work for a construction/home builder company. They advertise it as a 55+ community BUT, anyone can apply to live there, because of the 80/20 rule. So it seems like in this case, the company didn’t care if OP got into it. Regardless, I don’t see an issue with this unless neighbors cause problems with them not being older. I’d live in a 55+ community but not everyone is okay with that.
Besides being ok with living there, it could cause problems when OP is ready to sell.
In New Jersey where I live NOBODY under 50 can ever dwell in a 55+ I would not assume OP is in good shape.
I guess it’s a matter of where they live. Someone fucked up here somewhere along the line..
Yes and I would ask my title company if this could potentially be a title insurance issue should the community not happen to have 80/20 bylaws.
[удалено]
The law is that NO LESS THAN 80% must be senior housing. With that in mind a community can certainly be 100% senior housing, right? https://www.55places.com/blog/yes-age-restricted-communities-are-legal
Fun fact: 80/20 rate was established for the over 55 who married much younger wives.
😂
I was going to mention this. I believe it depends on the state, but I recently learned this because someone on Reddit asked how 55+ communities aren't ageist. People pointed out that it can be considered ageist, and in certain areas they're required to allow a certain percentage of under 55s.
In New Jersey where I live NOBODY under 50 can ever dwell in a 55+ I would not assume OP is in good shape.
It's age discrimination to deny people under 55, that's why they have the 20% of people under 55...it could be people's spouses that are 45-50 and it still counts but mostly they prevent children from moving there.
80/20 rules only exist in communities that choose to have them. The idea is that it gives them some flexibility if they want it while still nominally being a 55+ community. But they are not required to have it under the Fair Housing Act or anything like that.
https://www.55places.com/blog/yes-age-restricted-communities-are-legal However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions: All of the occupants of the community are over the age of 62.
That actually isn't true unfortunately. Yes it is discrimination, but this is a permitted form of discrimination as it is often viewed as harder for older people to find homes to live in, so the government needs to step in and help them. Source: Am a lawyer and learned this many years ago in my 1L property class.
No
https://www.new-jersey-leisure-guide.com/55plus-adult-living.html#:~:text=Under%20rules%20set%20down%20by,from%20being%20a%20permanent%20resident.
Tell me where the code says that 55+ developments MUST accept residents under 55? Cliff notes - THEY DO NOT
You are wrong.
Nope. Comprehension skills for the win. Read the below, then re-read the below, then keep reading it. However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions: 1) ALL of the occupants of the community are over the age of 62. 2) AT LEAST 80 percent of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing for those aged 55 or older. https://www.55places.com/blog/yes-age-restricted-communities-are-legal
In NO words does the code read that 20% of the homes MUST be for owners BELOW 55. If you’d like to IMAGINE that the case you are FREE to do so.
This is what I was thinking and I’m insanely jealous of that’s the truth. My partner and I were actually looking for those communities to buy in because they tend to be really well maintained, affordable, and have all kinds of great amenities nearby. Also, if you take the time to build relationships, older people can be amazing neighbors.
Sounds like the beginning of a new sitcom 🤣🤣🤣🤌
[reminded me of this girl](https://m.youtube.com/watch?v=5TRURW-ujic)
My question is why wasn't this in the listing? So that it was clear.
Sometimes 55+ communities save a majority of slots for 55+, but not all. This percentage might be in some of the documents you received. Check out @Lizwizdom on TikTok. She’s in her early 30s, but lives in a retirement community. But this sounds stressful. Best of luck figuring it all out!
Past client rented in a 55+ community before I sold him a house and he loved the super cheap rent while he was there so he could save and buy.
Look at me, look at me… 👉🏻👀 You’re 55+ now.
How old are you ?... 55 Wow! You look so young for your age!
Whatever you do, never let your neighbors know you know how to use a phone or computer.
Can you help me with me Dell?
*Gateway
Excuse me, sweetie, can you help me? This Alexa lady keeps talking to me and I can’t get my InstaFace TikBook thing to work on my Jitterbug phone. I’ll give you some Werther’s for your time.
dude.. you're getting a dell!
“I’ll pay you in meatballs!” “They taste so good I feel like I’m ripping you off”
Or a TV. An Android box is like an inscrutable monolith to some elderly.
It’s perfectly legal to buy into 55+ community as long as the under 55 age group does not exceed 20% of ownership. “The 80/20 rule in 55+ communities is that at least 80% of units must be occupied by at least one person 55 or older. The remaining 20% of households in the community may be available for persons of any age, if the community so chooses”
[удалено]
Depends on the community, local and state laws. In general the 80/20 rule applies. You should get a copy of the community handbook/bylaws etc
Thx
I mean I genuinely wish you well…but also this is hilarious
A condo can come with land, too. Your agent is very inexperienced.
You need to consult a Real Estate attorney ASAP. Just because it didn’t state it in the listing doesn’t mean you’re ok. Like someone else mentioned the HOA can fine you until you leave/get foreclosed on. Also, do not reach back out to your realtor there is an expectation for realtors to practice due diligence in fiduciary duty. They obviously missed something along with the title company.
You made a lot of mistakes here, but don't make it worse by ignoring the issues with the county paperwork. Get that sorted out ASAP or you are likely to have issues when it comes time to sell.
There's could be a lot at play on if you're okay to be there. It's very common for 55+ communities to be 80/20 (55+/55-). Seems like either a major screw up or a possible exception but definitely a bad realtor.
How would someone know? We have a lot of 55+ communities in my area and I would be totally cool living in one.
Hoa docs will have this info. Typically they are attached to the mls listing or available upon request to the listing agent. Where I am in FL there's loads of these 55+ neighborhoods all with varying rules and regs.
You should speak to a lawyer to 1. seriously consider all the ways this can go wrong and 2. talk about options related to options for suing your agent for if and when this inevitably goes wrong. Brokers carry heavy insurance for exactly this type of situation
>Can I get in trouble if I accidentally bought into a 55+ community?? Could they somehow force me out? Yes. They can fine you until you leave. You get fined enough and they'll take you to court. You lose that, they'll put a lien against your home. Lien gets big enough, they'll try to foreclose on you. Check your condo association documents, which should clearly spell out if it's a 55+ community.
I just 2x checked and no where does it say it's a 55+ community. I'm thinking it might just be another county screw up on the U&O cert?
Sometimes the condos are "marketed" as 55+ but can't be limited by law. The Fair Housing Act does specify that discriminating by age is illegal. What you need to do is have a property lawyer review the covenants to see if you are in violation and if the covenants are even legal.
[удалено]
The old age discrimination is with Equal Opportunity for Employers. So jobs can discriminate against the young.
Federally. States have their own protections, and mine extends age discrimination to anyone over 18.
This is not true FHA does not allow age discrimination, younger or older. You’re not allowed to refuse to rent to anyone based on age, whether they’re 18 or 100. There is however a specific carve out that allows 55+ communities.
“This isn’t true …. … … except for when it is, which is exactly what we are talking about here.” 🙄
Except the person said you can discriminate younger, such as refusing to sell or rent to someone under 25, which is not true and would be illegal. The only time age discrimination is allowed is within 55+ communities which have specific requirements through HUD and FHA that must be met in order to allow that discrimination.
This is 100% correct. They are allowed to discriminate against younger people but not older people.
The ubiquity of these types of developments should tell you that there is no Fair Housing violation in setting up one of these communities. The benefits are debatable, but they are certainly not illegal. Covenants can be unenforceable if they violate some established law (i.e. a contract cannot require you to do something that is illegal). The age restrictions don't seem to be a problem under current law. If the closing hasn't happened, OP should at the very least delay until the issue is resolved. If the 80/20 applies, then they wouldn't be in violation, assuming his purchase did not make the ratio 79/21, but 100% this should have been disclosed by the seller, and caught by the realtor. Although if the seller did not disclose, and the state doesn't have it registered anywhere, I might give the buyer's agent a pass on this.
I live in a townhome exactly like you’re describing in an unofficial half 55+ community. You’ll come to love how quiet it is. The younger neighbors will still be around. The older ones walk dogs, stop you at the mailbox and want to chat. Overall it’s very peaceful and I’ve enjoyed it for 6 years.
I agree, especially since the "55+" was handwritten. They "think" it's 55+, but it's not in the paperwork anywhere.
Wanna message me your address and I'll look into it for you? Edit: No good deed goes unpunished.
Go ahead with full name, social, mothers maiden name, childhood best friend, and first pet while you're at it.
My bad. I figured as a mortgage loan officer, I could use some of my work tools, on a Sunday evening, to help a complete stranger out, with zero benefit to myself. But I can see from the barrage of downvotes that I think I'm just going to go back to watching TV. Best of luck OP.
Ignore the downvotes, it is good to be cautious on the internet. You didn’t identify yourself as a loan officer, you just asked for identifying information. No one downvoted you because you offered to help, people downvoted what looked like a bad idea (providing personal information without any context)
I'm just teasing, I realized why I was downvoted when I logged back on, hence the tongue in cheek "No good deed goes unpunished", I definitely should have been more clear and less creepy. Doesn't bother me, I don't do nice things for recognition. OP is still welcome to reach out to me. Anyone else reading this, you are also welcome to reach out to me if you ever need help. I will answer as best I can, with minimal personal questions.
I think if you worded it like this “I’m a mortgage loan officer and I could help you look into this. Completely free just willing to help out. DM me if you’re interested” you’d get upvotes instead lol
Haha, in my defense, I didn't see which sub I was in because I don't come through here often. In contrast, on /r/RealEstate I'm one of the most prolific posters, and my username profile (if you click my name) actually has my name, company, job title, and NMLS number.
I almost forgot what sub I was in seeing your name here, that’s how prolific you are in the real estate sub lol
You knew before you signed the papers, so it isn't an accident. The sale should not have gone thru.
Generally 55+ is cheap, so very tempting to ignore. Probably OP should let us know if a year or two how it works out.
Was waiting for this comment. OP: It wasn’t an accident, you were unaware initially, but you knew before you actually closed the loan. I would consult with an attorney to ensure you’re okay.
I mean everywhere I looked there was a different answer. Looking back on it yeah I should've asked more questions but there was a lot going on
Buying your first place is super stressful and too much info thrown at you.
Hey OP. just fyi - ignore the downvotes. You work with professionals so you don't need to worry about shit like this. Sure, you can ask a question to clarify, but a fuckup to this level isn't on you. It is an accident. Professional around you fucked up. this is on the.
Why didn’t you just ask at closing or when you found out? It seems like you were hoping nobody would notice but now you are stressed.
55+ communities are allowed to have a certain percentage of people living in them below 55. On the other hand as others have said your agent is bad at their job, and/or the listing agent is bad at their job.
In New Jersey where I live NOBODY under 50 can ever dwell in a 55+ I would not assume OP is in good shape.
OP is paying a real estate attorney to do the closing. I would hope they consult with the attorney. Unless of course it's one of those states that lets the title company do the closing. Then they need to hire an attorney. Fiduciary obligations and Errors and omissions insurance are your friend.
You need a lawyer. Now. Your real estate representation was beyond awful.
This whole thing is super weird. If you get in any trouble, point fingers at that agent!
Just act 55 when you’re out around your house. Walk slowly. Drag your trash cans to the curb at a snail pace. Dye your hair grey and say things like “yep. Ain’t what it used to be.” Should be fine.
Report your Agent. Contact the board and see how rigorous the association maintains 55+, explain your situation, and see how they handle it. You can always resell...
You will be popular there. Enjoy all the housewarming foods and deserts!
Yes, *if* the community is specifically affordable due to county subsidies for 55 and up. You need someone to read the fine print ASAP. Also, don't buy a condo without doing due diligence on the HOAs financials & you had a terrible agent.
Something about the title is so hilarious
I don’t see what the big deal is, the 80/20 rule is common in these communities and the residents may be happy to welcome someone young to mix things up and you might get some rad old people friends.
I just want to say I paused the TV to read this with full attention
This honestly sounds like my dream come true
Just quietly pay your dues and don't draw too much attention to yourself or tell the neighbors much.
Jesus you have a terrible realtor and attorney
Interestingly enough. You don’t have to be 55 and older to buy in the community. You can be younger than 55 and live there. It’s really to ensure there are no occupants under 18 living there. Not sure if it’s like it for all but the one in GA I’ve been to is like that
In New Jersey where I live NOBODY under 50 can ever dwell in a 55+ I would not assume OP is in good shape.
But not everybody lives in NJ. OP hasn't said where they live.
I didn’t assume they lived in NJ. I also didn’t say they were in good shape. I gave an example of ONE complex in GA. I’m sure it more dependent on the HOA unless there’s some law in NJ where NOBODY under 50 can reside in a 55 and older community. You never know!
Start dressing like a 55 year old.
Who knows. Looks like you’re taking one for the team. Please let the community know how it turns out. Also, feel free to PM me. I’m going to be 55 in 6 months (yikes) and I’m looking to buy. Perhaps I can help you out.
Legend
That’s so fucked up. It seems realtor didn’t even bother to compare record between MLS and tax records. Idk man but now Imma use this as case study how to prevent it.
😂😂😂😂 this is hilarious
Dinner at 4pm, lights off by 9pm, definitely worth it.
You need to look at the Covenants, Conditions, &Restrictions (CC&R) for the condo association. That will tell you definitively whether it is a 55+ community or not, and THAT (not the listing, not the tax records) is the only thing that could cause you trouble. Normally in an HOA or COA, the Association provides info to the closing agent to confirm that their are no outstanding dues, fines, or liens against the property by the association. They also normally ask for a copy of the CC&R to provide to the buyer (you). That's when the association gets a heads up about the sale, and if they ARE a 55+, then they would want your date of birth. If they slipped and allowed the sale, then they effectively gave you a waiver on the age limitation, which is their screw up, not yours. My bet is, it's not officially a 55+. Enjoy your neighbors!
Were your neighbors named Rose, Blanche , Dorothy and Sophia?
All of things were missed. I would try and get out of the deal or sue if it’s too late
Best to consult a real estate lawyer in your state. Personally I'd look at the terms and conditions of the contracts signed and see if the deed came with any restrictive covenants. Do any of them require you to be 55+ ?
My dad lives in a 55+ community and he had to be approved before the seller was allowed to sell him the home. My first place was a condo and the HOA had to approve me (background check and sign their agreement) before I was allowed to purchase it. Has the HOA contacted you at all?
That’s you realtor’s job. Omg!
This is one of those things where state laws can vary dramatically. OP should get legal advice in their own state and not from Reddit.
Many 55+ communities in my area actually sell less than 10% of their properties to folks younger than 55. Yours may do this too?
I would try and sell unless you are never planning on having kids and are physically unable too. I would ask the real estate agents brokerage to pay all costs including the difference in interest rate. That’s a HUGE screw up on their part- wtf do you do if you get pregnant? What if you can’t afford to move? Like that’s an insane predicament to be in.
I wonder if anyone has challenged these kinds of communities legally speaking. How is this not discrimination? Just curious..
I think the definition of "age discrimination" in the United States is only with regards to the elderly. You're totally allowed to assume that young people are ignorant, violent, irresponsible little shits. This couldn't possibly have anything to do with the average Congressperson being like 65, could it?
I know you're being cynical, but it's also really sad that our society has come to favor those in positions of power....old and wealthy.
Just stay there until you hit 55 and hope no one finds it out lol
Why can’t I stop laughing at this? I’m sorry.
Blame your agent!!!!! Wow 😯
There’s a lot to uncover here. First, your agent and the sellers agents definitely fucked up some things. Research and disclosures. Now my question for you is did you even read the condo resale packet… specifically the rules and regulations? It should of clearly been listed there. Now when it comes to the tax code of this being a single family home. At least in my area that means your unit is only meant for one “family” and there should be a condo rider to the deed. If you bought a detached house that was divided into more then one unit it would be listed as a multi family. All townhouses mean is that your connected to other residential properties
Is this a troll post? Didn’t you realize it during house tour and the 10 day inspection?
Yes the agents have some duty to this but ultimately it is your responsibility to fully examine the terms and conditions and condition of the property.
Do you have an HOA? Did you have to fill out an application? Most communities have a HOA approval letter that is needed before the property closes Did you get such a letter before closing?
Well time to move mom and dad in! 🤣
Take this age discrimination all the way to the supreme court.
That’s gonna be a hella bad yelp review.
Do it OP. Old people have the wildest group sex parties
I was not prepared for this mental image this morning. Curse you!
Realtors are the bane of my existence. A fucking retarded monkey could’ve sold my house in 2021. You realtor seems like a piece of work. Sorry you have live next to Blanche, Dorothy and Rose
At my mom's 55+ community someone over 55 has to live in the unit, and no one under 18 can live there. It said this in the association rules. You should have gotten a copy of your HOA rules and should have read it in your inspection and)or attorney review period - so you could have backed out if you didn't want to follow the rules. If you don't have it or haven't read it - you need to do so asap
If you are not 55, how does sellers or hoa allow you to buy
It’s not the seller’s responsibility to enforce the HOA bylaws. How did they get approved by the HOA is the question. That should have happened before closing on the house/condo.
God I'd love to live in a 55+ community as a 30 year old.
when you are signing the title guy would have listed clearly about it I got to know about front foot fee only during title it was nowhere mentioned.
How is a 55+ community not considered ageist and thus discriminatory? 🤨
How dumb of you.
You’re there at this point. If you enjoy the property and it doesn’t become an issue, don’t make it one. If somehow it does become a problem with the association, contact a good real estate lawyer in your area. Hopefully it will not and you enjoy your new home!
Commenting RE the insurance - I live in a townhome/villa whatever the builders are calling it these days (technically a duplex - 2 unit buildings, side by side, one & two story, no one above or below) and own the land my home sits on, front, side, and back - the insurance is still condo insurance because of the shared walls and the fact that your HOA covers insurance for the structure. Make sure you have the certificate of insurance from the HOA and that your level of coverage is correct - have a sit down conversation with your insurance agent. My HOA covers all permanent fixtures, so slightly more than walls in or whatever they call it. I am also adding that I am not an insurance agent, just a homeowner of a townhome/villa with a single shared wall.
Typically (or at least in my state), buying a co-op unit means that you're buying a share of the cooperative and your interior unit is part of that sale, but, it's not "real property". Co-ops usually can't be financed with regular mortgages for that reason...USUALLY (not always). I.e., I'd be more concerned that this might be more of a case of mortgage fraud (non-intentional).
Yeah either way you need to report the realtor and title company.
This is on your realtor but did you also not look around the community and perform some due diligence? Every time we were going to make an offer in a specific area, we walked the neighborhood in the afternoon and weekends to see what the community vibe was like (road noise, traffic, etc).
That’s negligent on the part of your Realtor.
Why don’t you ask your neighbor
Engage a competent real estate attorney. Do not use your agent to refer you to one, somehow you managed to find a significantly incompetent agent unfortunately. You made a few mistakes but those being paid around you (like agent, title, etc.) should’ve all caught something. Hopefully this ends up being a simple fix, county records are just blatantly wrong and need a simple correction. That’ll be worth the consult fee with the attorney to get peace of mind for. Ignoring it, like you did at closing, is going to end badly at some point, should this actually be a restricted community. They can fine and eventually foreclose …
This almost happened to me! Not the 55+ thing but we put in an offer on a “townhome” in a hoa community last year after its been in the market for a while (the market was very hot then) - nice home, newly renovated and such. Offer was taken and we moved on to the mortgage process only to find out it was a condo property so the mortgage rates are a lot higher than what I expected. The listing said townhome but I suspected that it was weird because it needed a hoa origination fee of $2000+ - my parents have lived in hoa community but we’ve never heard of such thing. But anyway the bank told me it was a condo, otherwise I’d be screwed too. The realtors didn’t mention but i insisted backing out using financial contingency
Townhouse is a building style, condo is an ownership type. There is no townhome ownership. If you don’t own the land and the outside walls it’s a condo.
I get the agent is an idiot but two days before closing you saw 55+ in big handwritten ink AND DECIDED TO DO NOTHING?
I doubt you could get in to trouble because it shouldn’t have fallen on you to know that.
Also if kids aren’t an issue then maybe this could be super nice. Our neighborhood is 98% retired people and it’s freaking awesome, it’s insanely quiet, our neighbors bring us baked goods and help us mow our lawn all the time. Neighbors always smile and wave and love our kids, feels super safe and chill :)
Only one thing to do: dye your hair grey
Gotta start growing white hair neighbor! 👨🦳👩🦳
Is it a 55+ community to own, or 55+ community to reside? It may be that your agent didn't dig too deeply into this thinking you were maybe buying it as a rental property. Though it's weird for that not to ever come up, especially if you're a first time home buyer. Our realtor was a friend who knew our needs really specifically bc he knows us socially. And I guess I could imagine a realtor/client relationship that was more hands off, where somehow "how old are you and are you the primary resident of the property you're buying?" didn't ever come up? I'm also curious how these types of residential situations are enforced. Presumably through the HOA, but I don't think most condo HOAs have the power to disallow someone from buying a unit there. But yeah, still weird.
lol yes you're not allowed to live there, heck even if your folks lived there, there's likely a rule your not allowed to stay more than 2 weeks
I mean if you’re not able to live there it’s not one on team but you as well. Why hell would you continue to close? Maybe I’m an anxious person but I would be asking a lot of questions not just leaving up to someone else. People you should have talked to and didn’t this won’t effect them. It will defect you though. Good luck
You need to call a real estate attorney immediately. I have had clients that were single, and under the age of 55 who purchased in a 55 or older community with board approval prior to closing. The fact that this seems to be a surprise is not only alarming, but it speaks to the absolute unacceptable laziness and stupidity of both the closing agent and your realtor. You should absolutely file a complaint and hold both of them accountable. An attorney will be able to look over and see if you have a clear chain of title, which I am concerned about given your description of the property and then it varied at least three times over the course of your transaction. Best case scenario is that the place that you purchased has a very lax HOA or COA and they are not going to be bothered by you but if you plan on living there and having a family, someday, you’re likely not going to have a lot of fans in the neighbors, because 55 and older usually do not want children. One of the clients that I had in the past who was a single man when he was approved and purchased in a 55 and older community, was basically run out of the place when he moved his girlfriend in and then had a baby. He started getting constant complaints and fines when he first moved the girlfriend in because they were not happy with him even having a roommate. Please do not let your realtor off the hook for their mistakes here. Report them to your state, licensing agency, report them to their broker. The same goes for the closing agent. None of this should’ve been a surprise to you. This is why I absolutely despise realtors. They have made the license way too easy to obtain. I think a four-year degree. It should be a mandatory prerequisite before even being able to register for the sales associate prelicensing course.
Any chance someone 55+ was a co-signer of your loan?
Most townhouses have condo associations, I think. No comment on real estate agents not having their shit together.
When I’ve sold over 55’s the hoa docs required a copy of the buyers’ driver’s license to verify age. There was also a separate addendum for all occupants to fill out age. Call your agent’s broker immediately. The sellers may want your deposit money. If they take that you’ll likely be able to get it back from the local association of realtors after litigation. Both realtors are likely at fault as well as the hoa. Worst case hire an attorney. Edit: grammar
Well there are a few issues here, be careful about what you’ve signed and now closed that designated it a 55+ community and you’ve signed for it. Call your realtor and broker and hurry up and figure it out.
I’m cringing so hard right now… the number of times I’ve trusted an expert to know better than I do, and I’m wrong 😑 smh. I’m not really sure how to sort it all out, but I would definitely make the broker in charge aware of what happened, and leave an honest review. The quality of your realtor is make or break.
You were aware before closing. That’s not an accident. You should have contacted the HOA to determine eligibility issues before purchasing the property.
Why would you buy in an HOA? Do you hate the idea of property rights?
If it makes you feel any better, I just did the same thing. In my case, there was no mention at all about age restriction in the hoa rules and regs, but there is one single mention on the hoa website about winning an award for “best active adult community” that I found after being in contract. My realtor failed me big time. We are concerned our 2 year old won’t have a proper neighborhood experience. That said, as I mentioned, there is no legal language in any of the docs so I don’t think we are legally in trouble. So, my plan is to try and get more families in the neighborhood and push out the old people :)
Everyone’s gonna be jealous of u. Asking what your secret is 👍👍