I am over 55, and have a daughter who is 26. I'm looking to buy a home, but in my son's name, and he is 22. I've been looking primarily in 55+ communities, and some communities tell me that only one person needs to be 55 or over. Tonight I just looked at a property and was told that everyone in this community must be over 55, including the owner of the house, even if he doesn't live there. Legally, can they do this? What is the law for this?
Please, I'm only interested in south Florida.
I am proud to have been the only attorney that I can find who ever got an injunction to force a park owner to designate his park as 55+ pursuant to its operating documents when the window was open under federal law. From the facts you provide, it all depends on the park's operating documents (declaration of covenants, bylaws, and rules & regulations). Under the federal housing law relating to 55+ communities, they may permit up to 20% of the residents to be under 55 but they DO NOT HAVE TO TAKE ADVANTAGE OF THIS LEGAL RIGHT. They may restrict everyone to 55+ but this needs to be in their operating documents and they need to be consistent. For example, if they permit it with others and then deny it to you, a legal claim might exist. Also, they might have a restriction that the "owner" must be 55 which would likely be legal. Thus, you really do need a consult from an attorney experienced in 55+ homeowner litigation. You may contact our office to discuss your more detailed facts and we can see if there is anything we might be able to do for you or you can certainly locate another AVVO attorney a little closer to Pompano. Good luck.
Depending on your reason for wanting to put the home in your son's name, you may be able to accomplish your purpose and still be qualified to live in a 55+ community. By using an enhanced life estate, you will be able to pass title to the property to your son at your death without going through probate but retaining control of the property during your lifetime. If you do not want your name to appear in the public records as a land owner, you may be able to accomplish this with a Florida land trust. You should consult an experienced real estate lawyer in your area to help you accomplish your goals.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline