Town Ordinance Related to Age Restricted Housing Amended
The April 6, 2005 edition of the New Jersey Lawyer reported on a settlement reached in a federal lawsuit, Toll New Jersey II v. Township of Monroe. Monroe Township in Middlesex County agreed to amend an ordinance that barred anyone under age 55 from moving into an age-restricted housing development. The terms of the settlement put the township into compliance with federal law by allowing homes in the development to be sold to couples in which one person is at least 55 and the other at least 48.
Two developers had challenged the ordinance. Craig S. Hilliard, a member of the Firm's Litigation Group represented the developers.
I am a member of a Shore Resort Seasonal Condominium whose rules state no pets. A unit owner just sold their unit because they had a dog and couldn't bring it to their vacation home. Ironically, the buyers of the unit have a cat and claim that it is a medical assistance pet (the man is deaf) and will be bringing their pet when they finalize the purchase.
Our board let the prospective buyers know of the no pet rule and asked only that they provide medical verification for the pet so that we can use it as a deterrent for others who will try to bring pets without similar verification or medical exception documentation.
The prospective buyers flat out refused to produce any verification claiming that by law they don't have to provide medical assistance documentation.
Question:
1. Is it true that condo owners are not obligated to provide verification to breech a condo rule regarding pets if it is medically needed?
2. Is there a condominium law/statute that we can quote to insist that they produce medical documentation in this instance?
3. If they are correct that they don't have to prove medical need, what recourse does our condo association have to prevent any/all other owners/renters from claiming there pet is also medically required - but they do not have to prove it?
I would appreciate any insight into this issue you can provide
I live in a N.J. age restricted community (Age 55). If a married couple moves in and one spouse dies,does the other spouse who is under 55 have to sell by N.J. law???
The answer to that question may depend, at least in part, on the local laws of the township in which you live. Some municipalities have age-restricted ordinances which govern the community's age restrictions. They must be consulted first, and then the by-laws of the actual community in which you live must also be consulted, because they may be even more restrictive than the local ordinance. Therefore, the answer to this question may actually vary from community to community.
I am living in a age restricted community right now and i am trying to sell the house. my mom and i both owned the home together but she decided to move back to mississippi. now the clubhouse is telling me i have 90 days to get out whether the house is sold or not. can they make me vacate the premises while i still own the home?
All depends on the particular situation of the association with the percentage of residents that are 55 and over, and the language within the governing documents. The issue is living there and being of a certain age, not ownership. Because your mother is moving, and assuming you are under the age requirement, the association's percentage of residents there who are under 55 may be an issue, or the governing documents may prohibit you from staying there. You may need to make a further inquiry with your family attorney.
I live in New Jersey and am under 55 years of age. Can I purchase my mothers home who is an age restricted commuity? She will remain the tenant and I will never move in?
Please reply in email: vingraziano@comcast.net
Vince -
Your mother should have received a copy of the covenants, easements and restrictions which affect the premises when she purchased her residence - they would be in either the Public Offering Statement supplied by the developer or as part of her title search. The restrictions relating to the age restrictions would be contained in these documents. While it would be necessary to review the restrictions for your mother's particular development to answer your question, it is not unusual for the restrictions to permit owners less than 55 years of age to own such restricted premises so long as the person residing in the premises is 55 or older. However, each development has it's own set of restrictions. The restrictions for your mother's development would need to be reviewed to answer your question.
You may find it helpful to contact the homeowners association for the development. The association should be familiar with the restrictions.
Barbara Strapp Nelson