[gfmucci]

Originally Posted by rsetterlund

I have heard that Florida's zoning laws will change in 2012. The change is not allow cluster zoning, like TV, and require larger lots sizes.

"Zoning" is controlled by local government, either cities or counties, depending where the zoned land is located. All of TV is unincorporated, not in any city, but in one of three counties. The state does not "zone" or dictate zoning.

Age restrictions are allowed by Florida law and are enforced by deed restriction.

Florida Statutes, Title XLIV, CIVIL RIGHTS, Chapter 760, DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION has an exemption section that allows age discrimination. The specific section that pertains to age 55 and older age restricted communities in Florida is quoted below:

3. Intended and operated for occupancy by persons 55 years of age or older that meets the following requirements:

a. At least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.

b. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph [bold added for emphasis]. If the housing facility or community meets the requirements of sub-subparagraphs a. and c. and the recorded governing documents provide for an adult, senior, or retirement housing facility or community and the governing documents lack an amendatory procedure, prohibit amendments, or restrict amendments until a specified future date, then that housing facility or community shall be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older. If those documents further provide a prohibition against residents 16 years of age or younger, that provision shall be construed, for purposes of the Fair Housing Act, to only apply to residents 18 years of age or younger, in order to conform with federal law requirements. Governing documents which can be amended at a future date must be amended and properly recorded within 1 year after that date to reflect the requirements for consideration as housing for older persons, if that housing facility or community intends to continue as housing for older persons.

c. The housing facility or community complies with rules made by the Secretary of the United States Department of Housing and Urban Development pursuant to 24 C.F.R. part 100 for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of sub-subparagraph b. Such surveys and affidavits are admissible in administrative and judicial proceedings for the purposes of such verification.

One must look further for the document specified in bold face type in the statute which states: [the] "community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph." It is up to the community how long the age restrictions may be in force. The sales documents for homes in each village should contain a copy of these required "policies and procedures". Like virtually all deed restrictions or "restrictive covenants" I've seen, they have an expiration date.

From The Villages Community Development District website...

"Since The Villages has been in the process of development over the last 40 years, the restrictions for various communities within The Villages have evolved over time. The following is a summary of many items covered in the Declaration of Restrictions. Please refer to the Declaration of Restrictions for you individual neighborhood for more detailed information.

1. Age Restrictions: The Villages is an adult community designed to provide housing for persons 55 years of age or older. All homes must be occupied by at least one person who is fifty-five years of age. Persons under the age of 19 years may visit for a maximum of 30 days per year but may not reside permanently in a any dwelling."

I would gather from this that age restrictions are via deed restriction and not through zoning.