Q. Please let us know how one can identify a well-managed condominium association when considering purchasing a unit. Please share your top three or four questions to ask as well as tips to look for in the answers.— J.G.

Q. I read in your column that there are certain requirements for a community to be called an adult community. You referred to the Federal Housing for Older Persons Act of 1995 and the Fair Housing Act in Florida. You said that a census must be taken every other year this intrigues me. Does this apply to mobile home parks where residents pay rent to a landlord? Are these responsibilities incumbent on the owners or the residents?— B.R.

Port St. LucieA. You should be aware of discrimination laws in the United States. They include race, religion, nationality, disabilities, gender, and pregnancy, to name some of the classifications. One of the other classifications is age. In this classification it refers to disallowing a resident, renter, new buyer or new renter because they have young children or other family age questions. Since the Federal Discrimination Laws do not allow communities to disallow families with young children, the Adult Community Laws allow an exemption to discrimination on the basis of age. To qualify, there are certain actions the community must take. There should be a formal document to declare that they are an age-restricted community. This exemption can be found for condominiums, homeowner association (HOA), cooperatives, rental projects, and mobile home communities and any other residential association. Each community must post a sign that states they are an adult community. Every two years the board of directors or the park owners must have the residents sign an affidavit of age showing that one member of each home is 55 years of age or older. The Act of 1995 only says that one member in the home/unit/lot/residence is living in the home is 55 years of age or older. The Act says that all other residents must be 18 years of age or older. The law does not restrict residents that are under the age of 55 as long as they are 18 years of age or older. Yes, children can visit for a limited number of days but cannot be residents. The Act is based on residency and not ownership. That means a son or daughter under the age of 55 can buy a home and let their mother and father 55 or older live in the home and they would qualify. That also means that a young investor can buy a home but they can only rent to a 55-plus renter. There is also an 80/20 percent rule in the Act. That is not an exemption for under age new residents to move into the community. It is an exemption that applies if an owner who was 55 or older dies. If the spouse is not 55 years old, she/he can remain in the unit and they would fall under the 20 percent that do not qualify. The same would be true if the property is transferred as an estate to an adult child under 55 years of age, they can move into the home as long as they do not have children less than 18 years of age. One other requirement in Florida is that the board must file every two years with The Florida Commission on Human Relations. Failure to comply with the requirements of the Act will disallow the community to restrict residency based on age. Since this is such an important part of any community, I strongly suggest that the association attorney provide specific guidance.

Q. How serious an offense is it for someone to operate as a Community Association Manager (CAM) without a license? How serious an offense is it for a CAM to lie or give a false report?— F.T.

MiamiA. The statute that defines a CAM is FS 468.432. Any person who performs management duties for compensation for an association in Florida must be licensed. There are only a couple of exceptions, but they rarely occur. A person who represents themselves as licensed and is not licensed can be fined as well as the association that pays them. As for providing false information, the penalty can vary from a slap on the hand to a misdemeanor and possible felony. The law stipulates it applies to a false statement made with the deliberate intent to deceive or convey a false statement. It also represents an inaccurate statement. You bring up a strange fact of our laws. If a citizen lies to a government official, he/she can be guilty of a crime. If a government official lies to citizens or the public; they will not suffer criminal charges or any penalty. There are several Supreme Court decisions on this issue. My guess is that if a CAM lies, more than likely he/she will only lose their job. To enforce stronger penalties, it would depend on the false statement and what the results could be. The result could not only be a criminal action but it could result in civil actions as well.

Richard White is a licensed community association manager in Florida. Questions should be mailed to him at 6039 Cypress Gardens Blvd. # 201, Winter Haven, Fl. 33884-4415; e-mail .com. To be considered, questions and comments should include the author’s name and city. Questions should be about association operations, not legal matters.

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