55+ Condo Reluctant to Allow Young Family Member Residence

C.D. from Florida writes:

Dear Mister Condo,

I live in a condo I own for 55+. Recently, my six-year-old granddaughter was removed from her parents by CPS and placed with me do I have to move?

Mister Condo replies:

C.D., I am sorry that your granddaughter was removed from her parents’ custody. She is fortunate to have loving grandparents to take her in. However, unless your condo documents allow for family members under the designated age for residents of the community, you may very well have to vacate your unit and find a more suitable community to raise her. There are exceptions and you might want to speak with your condo association Property Manager and Board to plead your case. You may also want to speak with a locally qualified attorney who can offer you legal advice on your predicament. I do know of some communities that are willing to bend the rules, but just a bit. For instance, if someone under the stated age inherits a unit and wishes to reside there. Typically, the inheritor is not that far away from the stated age, so the problem corrects itself in short order. I also know of communities that follow an “80/20” rule meaning that as long as at least 80% of the units are adhering to the age rule, the community has some flexibility in allowing a few (less than 20%) of units to house folks that aren’t of the appropriate age. Again, there is no requirement to do so but I do know of some that have made exceptions. I think the real issue here is the young age of your granddaughter. Folks that buy into a 55+ age-restricted community do so with an expectation of finding nothing but folks their age in the community. Perhaps, that is even why you purchased into this community? You certainly wouldn’t expect to hear the sounds of children playing or riding a bike or other activities associated with childhood within such a community. There is also the challenge of providing peer friendship for your granddaughter. She isn’t likely to find playmates here as she would most likely be the only child in the community. I am sure there are no child-friendly amenities like a playground for her to enjoy. It might be in her best interest as well as your own to find a more suitable environment to raise her. That being said, you asked if you “have” to move. My answer is “maybe”. Follow the steps I outlined above for a more definitive answer. I wish you and your granddaughter the best of luck!

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