CAI-NJ July 2018 (w)(1)

Exceptions for Youth and Disability in Age-Restricted Communities By Jessica Flynn, Esq. Greenbaum, Rowe, Smith & Davis, LLP

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E veryone who lives in an age-restricted community knows of the benefits that the characteristics bring to homeowners. With those benefits sometimes come struggles and differences, which need to be reconciled. The dedicated governing boards of these communities, property managers, and other professionals, engaged to enhance the value and advantages of these communities, understand the need to balance the expectations charac- terizing these communities with the unique needs of their residents.

In general, age-restricted communities require occupan- cy of at least eighty percent of the dwellings by residents fifty-five (55) years or older, or one hundred percent of all dwellings where occupancy is restricted to occupants sixty-two (62) years and older. Strict requirements must be adhered to in order to maintain the legal viability of an age-restricted community. In general, age-restricted communities are established and maintained by way of governmental approvals, governing documents and written procedures. A brief history will create an understanding CONT I NU E S ON PAGE 22

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