Condo Media - September 2021 - 22

Age Restricted Communities
That means that over time, occupants
are more likely to request aging
in place accommodations for ramps for
walkers, enhanced wheelchair access,
or closer parking spaces. Boards should
evaluate requests on a case-by-case
basis and ensure that their decision is
in compliance with the Fair Housing
Amendments Act and any applicable
state laws, according to Eriksen.
It also means that as they grow older,
NO EASY ANSWER
There's no one-size-fits-all answer
to age-related issues. In addition to
following HOPA provisions, communities
need to abide by lawful restrictions
in community governing documents
and state and local restrictions.
That's because while HOPA stipulates
an 80/20 composition, local restrictions
when the project was approved
may be more onerous. Some may even
require that 100 percent of occupants
be 55 or older.
In the case of an underage caregiver,
a board may be obligated to grant an
accommodation for " a disability " under
Fair Housing Law that would allow
the caregiver to remain.
Under HOPA, age-restricted communities
are required to conduct a
survey every other year to confirm, usually
via government identification such
as a driver's license or passport, that
occupants meet the age requirements.
Communities that fail to could potentially
lose their age-restricted status.
When it comes to a surviving
spouse, the 80/20 rule might technically
mean the survivor wouldn't be
allowed to reside in the community if
it was already at the cap of 20 percent,
but Eriksen says most community
documents contain " qualified exceptions "
that would allow a surviving
spouse who is not of age to remain.
But a family member moving in
because of a financial hardship may
be out of luck, according to Eriksen.
22 CONDOMEDIA September 2021
" Unfortunately, there is no legal basis
for granting a waiver on the basis of
financial hardship alone, " Eriksen says.
" This can be draconian, but unless a legal
exemption like a Fair Housing accommodation
or the governing documents
specify otherwise, the board has an obligation
to enforce the restrictions despite
the impact it may have on owners. "
To head off issues such as when a child
or healthcare worker may need to move in,
Marcus says he likes to include a provision
permitting the board to make exceptions
" in their sole discretion for hardships "
in his condominium documents.
The other exception he likes to address
is that if a spouse over 55 dies,
a provision is included that permits
the widow or widower to remain in the
unit for two to three years.
" It would be a terrible day to bury your
over 55 spouse and get a demand letter
stating you must move out because nobody
over 55 occupies the unit, " Marcus says.
OTHER UNIQUE CHALLENGES
The United States population is aging.
According to U.S. Census data, by 2030,
all Baby Boomers will be older than age
65 and one in five residents will be
retirement age.
current residents in your community
will likely have more health and possibly
cognitive issues, such as dementia.
Eriksen says a big challenge is the sad
incidence of " warehousing " or when
older occupants " are left sort of to care
for themselves and who should probably
not be living alone any longer. "
Age-restricted communities aren't
assisted living facilities and don't
have a continuum of care, but such
residents may pose a health and safety
threat to themselves, other residents
and the association.
For example, an 85-year-old woman
who lives alone and has developed cognitive
issues may roam common areas
in various states of undress on a regular
basis. Then, one day, she microwaves a
spoon and starts a small fire that leads
to a building-wide evacuation. Boards
or managers should contact family
members when they recognize a problem.
If family isn't available or is unwilling
to help, seek help from municipal,
state, or charitable eldercare services.
ON A POSITIVE NOTE
One upside to age-restricted communities
is they usually have more
engaged boards and can get more
volunteers because they're often
home to many retirees.
Bill Davis CMCA, AMS, senior
portfolio manager with Mercantile
Property Management Corp.
The United States population is aging. According to U.S.
Census data, by 2030, all baby boomers will be older than
age 65 and one in five residents will be retirement age.
Condo Media - September 2021

Table of Contents for the Digital Edition of Condo Media - September 2021
