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> 55+ Age Restricted Community
55+ Age Restricted Community
The 55+ age restricted status requires at least one person living at the residence be 55 years or older. It does not relate to ownership, only the people residing at the residence.
Federal HUD HOPA
The US Department of Housing and Urban Development (HUD), Housing for Older Persons Act (HOPA) provides a discrimination exemption to allow housing developments restricted for persons age 55 or older. HUD delegated the HOPA rule administration to Maricopa County Planning and Development Department.
The county passed the Senior Citizen Zoning Ordinance to administer the HUD HOPA rule. On August 4, 1980 the Dreamland Villa subdivision was certified as a 55+ age-restricted community. The Dreamland Villa Community Club (DVCC) was assigned the responsibility to monitor compliance. DVCC has since been renamed Dreamland Villa Retirement Community, or DVRC.
The HUD HOPA rule requires that Dreamland Villa demonstrate its intent to be occupied by persons 55 and older. The community must publish and adhere to policies and procedures that demonstrate its intent to comply with the rules for Verification of Occupancy. The rule requires re-surveys or updates of each dwelling unit be taken a minimum of every two years. Dreamland Villa must also certify each year that 80% or more of the Subdivision's dwelling units have at least one occupant aged 55 or older.
The DVRC office must collect and maintain the necessary records to comply with the HUD HOPA rules. That includes the names and ages of all residents in each dwelling unit. Unfortunately, the rule provides NO authority to require residents to provide this information. The office mails annual dues statements which also include a request for occupancy information. Residents can submit the occupancy information, even if they don't pay the dues. For those dwellings which don't respond additional mailings follow. The HUD HOPA rules require documentation a minimum of every two years.
Office staff need to maintain records for annual mailings as well as the 55+ compliance. Fortunately, these tasks overlap at times. When multiple mailings are necessary trying to get a response the cost can be several thousand dollars.
No person under the age of eighteen (18) years of age shall reside in any dwelling unit for a period of time exceeding ninety (90) consecutive or non-consecutive days per calendar year.
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