SUPPOSE REVERSE 55 AND OVER COMMUNITIES WERE ALLOWED?
Eric Glazer, Esq.
Published August 14, 2017
At a time in history where it seems someone
is always offended about something, it seems a little peculiar
that children under age 18 can be legally excluded from moving
into a community and everyone is apparently OK with it. I mean,
think about it…………. Let’s say it’s both a “55 and over
community” and a “no pets” community. If the owner gets a
doctor’s note, their dog gets to move in, but the child can
still be prevented from moving in. Does that bother or offend
It gets worse. Rules promulgated by the
Obama Administration now make it almost impossible to ban
convicted felons from your community. But in a 55 and over
community, you can still ban the 17 year old valedictorian who
just graduated from the local high school. Sound ridiculous?
If the law allows community associations to
exclude children under 18 if there is at least one occupant age
55 or over in 80% of the units, would it be legal to create a
reverse 55 and over community? Suppose the law allowed all
persons age 55 and over to be banned from the community as long
as 80% of the units were occupied by someone age 18 or younger?
Instead of being allowed to move into a community when you turn
18, once you turn 55 you have to move out.
Would that be legal? Does that seem like a
place you would want to move to? To those that are 55 or over,
does such a community offend you? Do you have a right to be
offended, especially if you live in a 55 and over community?
Maybe it’s because I love
kids, but it seems that if children under a certain age can be
precluded from moving into a community, it’s not so crazy to
think that persons above a certain age can be precluded too.
Are age restricted communities a good idea? Why is it OK for
elderly people to legally say that they only want to live with
other elderly people but not OK for younger people to say they
only want to live with younger people? Thoughts?
HOA & Condo Blog
Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.