J.M. from Miami, Florida writes:
Dear Mister Condo,
Can we allow a condo manager to reside on our age-restricted property although not 55 years old and has a 15-year-old son?
Mister Condo replies:
J.M., that is a great question! Following the strictest interpretation of the age restriction guidelines, you do not have anyone aged 55 and over in the unit. That puts the community at risk of losing its age-restricted occupancy rights. However, there may be a catch because the occupant isn’t a resident but, rather, an employee. I guess is really requires an attorney’s opinion as to whether or not the condo manager is living in the unit or working in the unit and the unit is being provided as office space by the association. I am not an attorney but my guess is there is likely a clever and legal way around not having to report this under-aged occupant. My personal opinion is that work is work and life is life. Just because you manage a property does not mean you need to reside there unless you are on the job 24/7/365. I am guessing you only require 40 hours or so of your manager, the rest of the time is off time. Also, a 15-year-old isn’t too likely going to enjoy living in an age-restricted community with no other similarly aged youth for him to interact with. Check with the attorney and take the appropriate action. All the best!