S.M. from Florida writes:
Dear Mister Condo,
We are a young couple interested in a condo that at the moment is not an over 55 age restricted community, but the tenants are trying to make it a 55+ community. If we purchase the condo now, and it becomes a 55+community later, what does it mean for us? We live in Florida. Thanks.
Mister Condo replies:
S.M., I would recommend that you speak with a local attorney about what would happen to you if the community decided to become a 55+ association. I am not an attorney so I cannot offer you legal advice. From a practical standpoint, I am not sure why you, as a young couple, would want to live in an age-restricted community. I am going to assume that once you are an owner, any rule or covenant changes such as becoming age-restricted are subject to “grandfathering” of current unit owners, meaning you wouldn’t be forced out of your home just because the age restriction went into place. The bigger challenge for the association may be adhering to Florida’s 80/20 rule which basically states that 80% of the units must be occupied by a person of the stated age group. There are a few other requirements as well, which you can read about in this excellent blog article: http://www.floridacondohoalawblog.com/2010/04/01/55-over-housing-what-is-the-8020-rule/ The bottom line is whether or not you will find life in a 55+ community to your liking. If you think it is the lifestyle you want and there are currently no restrictions in place, you may be just fine in making your purchase. However, you might also consider nearby community associations without these restrictions as you find the lifestyle there more compatible to folks in your age group. Whatever you decide, I wish you an enjoyable new home.