BANNING LEWIS RANCH METROPOLITAN DISTRICT
AGE SURVEY
TO CONFIRM AGE-RESTRICTED COMMUNITY STATUS
 
Supplemental Declaration of Covenants, Conditions, and Age Restrictions
for Braemore at Banning Lewis Ranch
An Age 55 and Older Community (Filing Nos. 21, 22, 23, and 25, Village 3 West)
 
FAQ’s

The Braemore Neighborhood (“The Retreat”) was created to be an age-restricted community under an exemption to the Fair Housing Act.  In order to qualify for the exemption, certain requirements must be met and verified thereafter on a two-year cycle. 

 

The Fair Housing Act:

 

The federal Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, disability or familial status (families with children under the age of 18, pregnant women and people in the process of obtaining custody of children under 18, or persons under the age of 18 with written permission of the parent or legal guardian).

 

Exemption from the Act:

 

There are “Housing for Older Persons” (HOPA) exemptions to the Fair Housing Act which exempt housing for older persons from liability for familial status discrimination, providing that a community complies with all of the requirements of the exemption.  To qualify for the exemption for a 55+ community, the community must satisfy each of the following requirements:

 

1. At least 80 percent of the units must have at least one occupant who is 55 years of age or older (the 80/20 requirement); and
    

2. The community must publish and adhere to policies and procedures that demonstrate the intent to operate as 55 or older housing community; and
    

3. The community must comply with the Department of Housing and Urban Development’s (HUD) regulatory requirements for age verification of residents.

 

The Retreat’s Documents, Policies and Advertising Confirm the Intent to Qualify for the Exemption:

 

The Supplemental Declaration confirms the intent that the The Retreat “will be developed leased, marketed, occupied, sold, and used subject to the Age Restrictions” and that The Retreat Neighborhood “will be exempt from the familial status limitations contained in the Fair Housing Act.”  The recently distributed survey is legally required as part of the bi-annual verification of compliance.

 

Verification of Compliance is Required.

 

The HOPA exemptions require that a community be re-surveyed every two years to confirm compliance with the age requirements and the 80/20 limitations.

 

What are Qualifying Persons and Permitted Persons?

 

A Qualifying Person is a person who is aged 55+ who occupies a residence in The Retreat; or, is the first owner of a residence who has acquired it from the Declarant and who is exempt from the age restriction because this person’s ownership does not cause more than 20% of the properties in The Retreat to be occupied by persons under age 55.

 

A Permitted Person is a person who is 19 years of age or older who resides with a Qualifying Person (aged 55+, or who is otherwise exempt).  However, if the Qualifying Person dies, is hospitalized, is absent for a prolonged period, or the Permitted Person is being divorced from the Qualifying Person, the Permitted Person may continue to reside in the residence if that person was residing in the residence prior to the death, hospitalization, lengthy absence, or divorce from the Qualifying Person, and the Permitted Person’s occupancy does not cause the community to fail to qualify for the HOPA exemption.  In one of these instances, the Permitted Person is counted in the 20% limitation.  Permitted Persons may also be live-in health care providers or family member(s) providing care so long as the person meets additional criteria based on their status as a caretaker.  A live-in health care provider is not counted in the 80/20 requirement.

 

What other Age Restrictions Apply?

 

No one under the age of 19 can reside in a Retreat residence, except in an exempt property (property in the 20% exempt limitation).

 

What Restrictions Apply to Guests and Visitors?

 

Any person of any age can visit a residence for a period not exceeding six consecutive weeks or a total of 90 days in any twelve-month period.  The time period starts when the visit first begins.

 

Who is Responsible for Compliance?

 

By acquiring a property, each Owner agrees to comply with the age requirements.  Owners also agree to supply information to management, upon request, regarding the ages of persons occupying a residential unit.  Owners are responsible for verifying the ages of any tenants or other occupants.   

 

What Happens if Community Fails the 80/20 Test for Exemption?

 

If the community loses its HOPA exemption, then all residences must be available for occupancy by the general public, including families with children, and the age restrictions cannot be enforced.  Once the exemption is lost, it cannot be reinstated. 

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