What repercussions can I face purchasing in a 55+ community at 30 years of age?

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What repercussions can I face purchasing in a 55+ community at 30 years of age?

My aunt is willing to sell her villa in a 55+ community for $75K. It is the only home I can afford to purchase and it is in a safe community. The HOA president said no, they are 55+ only and there documents state that. What type of trouble can I get in if I purchase and move into this community. Can I be forced to move or be sued and wind up having to pay an insane amount of fees and fines? There documents do not have the repercussions listed, is it worth taking the risk?

Asked on January 5, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your aunt is willing to sell you her home in a retirement community where there is an age requirement to live there of 55 plus years of age, there is nothing preventing you from buying the property. The issue is being able to reside there on a permanent basis.

I suggest that you carefully read the recorded covenants, conditions & restrictions presumably recorded on the property you are interested in purchasing to see what can and cannot be done as far as residency. Possibly you can reside there as your aunt's helper.

Before you decide to purchase or not purchase the property, I suggest that you consult with a real estate attorney experienced in age restriction issues in planned unit developments like the one you have written about.


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