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Originally Posted by OrangeBlossomBaby
We are seeing more people who are under 55, moving in - whether buying or renting - than previously. Is it more than 80%? I don't know. The Developer doesn't know either, because the Developer doesn't keep track of short-term tenants, UNLESS those tenants are getting guest/residence passes. If they're not getting passes, then the Developer has no way of knowing that they're there at all.
So sure - it's possible that no more than 20% of all homes are occupied by people who are under 55 (with no one 55 or over in those 20% properties), it's also possible that 30% are, at least some of the time. It's even possible that 40% are, at least some of the time. It's also possible that only 10% are. The law requires a 55+ Community to be consistent. At least 80% of all homes must be occupied by at least 1 person age 55 or older. The deed restriction (which is not the law) further requires that NO one under age 19 be allowed to live in the home.
We had one family up the street, elderly sisters we think - who had a grandson of one of them living with them. They didn't move in and then "get stuck" with the kid - I would totally understand that, even though it breaks the rule. They moved in, already having custody of that grandson. The grandson was grade-school age, most likely between 9-11 years old. They should not have been permitted to move in with that circumstance. But they lived there for a year. Whether they owned or rented, we never found out. The house was sold around the time they moved in so either could be true.
That is an "internal" deed restriction. It's something that never should have been allowed to happen in the first place. Clearly the Developer either a) has no control over these things or b) doesn't care and chooses not to enforce their own rules. If they had, it wouldn't have happened.
These kinds of things are happening more and more. Snowbird season, off-season, there are more minor children of all ages living in the Villages. Are they tenants or kids of homeowner-residents? No idea. All I know is - they're not supposed to be there for more than 30 days per YEAR and they are absolutely there longer than that.
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Under Florida Law, It is the developers responsibility to make certain that the 80/20 rule is maintained at ALL TIMES. Great post! Residents should start demanding to see the periodic counts that are required by Florida Law. Why just sit back and believe them?
Not certain how they are counting investor properties they do not even know about. But, it ABSOLUTELY is their responsibility to supply ACCURATE counts. No just looking at the age of the owners on the deeds.
If homes are rented out, the 80/20 is in question. The rule states 80% of homes must be OCCUPIED by someone over 55+. Homes that are sitting UNOCCUPIED waiting to rent go against this law and should be counted in the 20%.