Becoming an Age Restricted Community
In order to restrict the age of residents living within your community association, your association's governing documents must have a legally enforceable provision setting forth the restriction. In addition, your association must comply with certain Federal requirements.
The Fair Housing Act was adopted to prohibit various forms of discrimination in housing, including, discrimination based on age. However, exemptions were carved out to allow for age-restricted communities under the Housing for Older Persons Act of 1995. There are two types of age restricted communities that are allowed under the Fair Housing Act.
The first type of age-restricted community allowed under the Fair Housing Act is a community where at least eighty percent (80%) of the units must be presently occupied by at least one person 55 years of age or older. The second type of age-restricted community allowed under the Fair Housing act is a community where one hundred percent (100%) of the units are solely occupied by persons 62 years of age and older. There are additional requirements regarding age and occupancy that must be addressed should your association consider becoming an age-restricted community.
If you attempt to enforce an age restriction rule and your association is not complying with Federal law, your association may be liable to any owner contesting the rule for damages and attorney's fees. Further, if your association is considering an amendment to its governing documents to become an age-restricted community, you should first determine whether your association currently satisfies the Federal law with respect to age restricted communities.