[Seenitnc]

A small development, 14 lots is advertised as a retirement community, 55 and over. However, no where in the covenants does it say a person must be 55 or older to live there.
It does have wording limiting the number of days minor age grandchildren can visit. The covenants also say that no children under age 18 can reside in the development
No wording in regards to an owner having to be 55 or older to live there.
The development in North Carolina

[ScottGem]

And your question is?

This seems to be clearly an oversight on the part of the HOA or the developer. If you are looking to buy and want assurances that purchasers must be at least 55 then ask that it be specified in the covenants.

[joypulv]

Laws vary by state, but it's my understanding that in general, any real estate that wants to exclude/limit a group has to have permission of the state.
I would imagine that you could look on the state website or contact the AG Division for help on particulars about this particular development.
Is this a new or not even built yet development? They may be testing the market to see how many 55+ potential buyers they get before doing the legalities.
I would be very cautious about a place that hasn't been built, or which only has one model house.
I have seen MANY ads for very reasonably priced such places in NC, and I'm worried about their claims.
Go there in person! Call the town hall and talk to the assessor, the local newspaper, a real estate agent, search the name of the place online, etc/

[tickle]

We have retirement residences here, no restrictions, but young children cant live in them. Mostly it is for people who are unable to care for their homes and want a residence where everything is offered, but must not be confused with long term care facilities where there are nurses and nurses aids on duty all the time. Our facilities offer rental units, and condos, laundry facilities within the units, or an entire room of washers and dryers; dining rooms, or residents can cook in their units.

[AK lawyer]

Assuming OP wants to have his/her grandchildren (or other minors) stay with OP, the answer to whatever question OP has in this regard will probably depend upon how long the children want to visit, and the exact wording of the covenants.

[ma0641]

Some states are not allowing age restricted building as it is then considered discrimination. They can call the neighborhood Active Senior (Adult) Living. They build the homes slanted toward seniors, small yards, no playground and most families with children just won't look there.

[joypulv]

Re FEDERAL law: (from 55places.com)
While age is not a protected class under the Fair Housing Act, the law does prevent discrimination based on familial status. In this case, familial status refers to households which include pregnant women or children under the age of 18. However, the Housing for Older Persons Act of 1995 (HOPA) provides exemptions to familial status if a community meets either of the following conditions:
1. All of the occupants of the community are over the age of 62.
2. At least 80 percent of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing for those aged 55 or older. Once a community meets the HOPA requirements, they are free to create their own rules for how they will define their age restriction, as long as they are in compliance with state laws. The community can make the age-restriction more strict than the HOPA requirement, such as stating that all of the residents must be over 55 or that 80 percent of the households must include a resident aged 60 or better.

[ma0641]

"as long as they are in compliance with STATE laws". All new locations under construction near me, Metro Atlanta area, while not age restricted, are advertised and presented as "Active Adult Community". Seniors are not even in the name. I think they use this to avoid potential lawsuits with 55+.

[Fr_Chuck]

I guess the real question is, WHAT IS THE POSTERS QUESTION?

Do they work for HOA board and have a legal question?
Do they want to buy, and not 55?
Are they 55 with small children at home and want to buy?
And many other possible questions.

[ScottGem]

I agree with Chuck. We have posted some excellent information for the OP, but we still don't know what their question was. Unless they return we won't know whether we have provided the info they wanted.