[WSBARP] Age restrictions for condo association

[atfitz at comcast.net]

A condo association is subject to the Fair Housing Act. Any age restrictions included in the CC&Rs must comply with senior housing exemptions. 

For a 55+ community, at least 80% of the units must be occupied by at least one person who is 55 or older. For a 62+ community, all residents must be 62 or older. If the community meets these requirements, then the community can impose age restrictions. If the community does not meet these requirements, then the community may impose no restrictions on occupancy by minors. 

This is my understanding of the Fair Housing law. 

-- Annie Fitzsimmons 

----- Original Message -----

From: "Andrew Hay" <andrewhay at washingtonlaw.net> 
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com> 
Sent: Monday, January 9, 2017 11:52:52 AM 
Subject: [WSBARP] Age restrictions for condo association 



Hello listmates 



Can a condo association require 55 or over for ownership? Can they change the age to 45, 50 or 60? 



Can the association approve an exemption to one owner, provided the restriction will apply to subsequent sales? 



Andrew Hay 

Hay & Swann PLLC 

201 S. 34 th St. 

Tacoma, WA 98418 

www.washingtonlaw.net 

andrewhay at washingtonlaw.net 

253.272.2400 (w) 

253.377.3085 (c) 

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