Reader Questions - Senior Community

Dear Kelly,

Our community’s Age Restrictions state: “no person shall occupy, reside in, or use any dwelling unless one of the residents is 55 years of age (as the qualifying resident.)” The qualifying resident has long ago moved to another house in the community but continues to claim residency in the original location leaving an under qualifying-age person in the home alone. The management and board say they can do nothing about it. Is this so? 

J.B., Beaumont

Dear J.B.,

I do not have enough information to provide specific advice. However, protecting the age restriction in a senior community is very important, and the board should be doing what it can to protect and preserve it. If it can be proven that the qualifying resident no longer resides in the home, the association could pursue disciplinary proceedings against the owner, and, as a last resort, pursue a court order to evict the underage residents. It does seem contradictory for someone to own two homes in the same community, claiming actual residence in both.

The board might be working on this with legal counsel, and for privacy reasons may be unable to share with you the specifics of what is occurring.

Thanks for your question,
Kelly

Mr. Richardson,

We are in a 55+ HOA and are having many problems with underage caregivers – in fact some have come out of prison to then claim they are caregivers of whoever lives in the home. This problem has really grown since the major financial problems in the past years. Children lose their homes and come to live with the parents.

We have been trying to get a stronger written caregiver form for our staff to hand out. Right now the supposed caregiver must take our very weakly written form saying that the person needs care and just have the doctor sign it. Can we use a stronger form, so the doctors will be more cautious? We would also like some kind of class that these so called care givers have to attend, plus a background check done too. Are we getting out of our legal parameters by trying to protect our residents?

T.T., Sun City

Dear T.T.,

You are right on top of a very difficult conflict between two different important and valid legal concerns. On the one hand is the desire to protect senior citizens from incompetent or even abusive caregivers. Elder abuse is against the law, and the protection of a senior community’s residents from such abuse is a worthy goal.

However, on the other hand are the state and federal Fair Housing laws, which require the association to allow reasonable accommodations of significant disabilities. If someone is sufficiently physically or mentally disabled that they require the services of a caregiver, can the association put restrictions on the caregiver without running afoul of the Fair Housing laws? At what point are well-intentioned restrictions considered unreasonable?

The association may want to protect residents from incompetent (or worse) caregivers, but great care must be used in imposing any requirements. Make sure the doctor certification meets the requirements of confirming a “disability” under Fair Housing laws. Consult with your legal counsel, and make sure the attorney takes into account the Fair Housing laws in evaluating the issue.

Thanks,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.