[WSBARP] Age restrictions for condo association

[Andrew Hay]

Thanks Marcus – I got the HUD regs for that attached.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, January 9, 2017 12:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Age restrictions for condo association

When referencing 55+ and older and 80% requirement, I believe Ms. Fitzsimmons is referencing Housing for Older Persons (HOPA).  There are strict requirements in order to claim exemption under HOPA, including advertisements to the public, etc.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of atfitz at comcast.net<mailto:atfitz at comcast.net>
Sent: Monday, January 09, 2017 12:42 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Age restrictions for condo association

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

________________________________
From: "Andrew Hay" <andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com<mailto: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. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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