Download This Document:
Age Restrictions Apply to the Sale and Rental of Dwellings in Falls Run
Falls Run is a community governed by Covenants, Conditions and Restrictions (CC&Rs), a document that clearly spells out what we can and cannot do, as well as what we must do to remain in compliance. Certain Articles apply to age restrictions, an issue that may be confusing to Falls Run owners.
Here are the two Articles in question:
ARTICLE XIV - GENERAL PROVISIONS
14.7 Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to his or her Dwelling Unit shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Subject to Virginia Code Section 55-512, the transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Dwelling Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title.
Provision (14.7) also applies to the rental of your dwelling unit.
Each owner who rents a dwelling is obligated to inform the Falls Run Community Association (FRCA) Board of Directors or the community's Property Manager of that decision. No exceptions! Admittedly, this is a rule that is difficult to enforce and basically relies on owners to do the right thing. However, to do otherwise puts this community in jeopardy, as you will understand as you read further. The second rule is related to age restrictions:
ARTICLE II - PROPERTY RIGHTS
(over)
‘Occupy' is the key word. Homes and condo units in Falls Run can be purchased by persons of any age....but Article 2.6 (above) prevails. At least one person has to be 55 or older in order to be a qualified resident. No exceptions, other than provided by the Article.
Notwithstanding the above, at all times at least eighty percent (80%) of the Dwelling Units within the Properties shall be occupied by at least one (1) individual 55 years of age or older.
The 80/20 rule, which is part of the Housing for Older Persons Act of 1995, allows us to discriminate. It also adds to the confusion. Simply stated, if Falls Run were to allow persons of any age to occupy the homes and condominium units (these Articles also apply to the Villas), and the population of dwellings without an age-qualified resident (minimum 55 years), were ever to exceed twenty percent, we would no longer be able to discriminate and declare this an age-restricted community.
If we ignore Article 2.6, before long word may get out that there are homes in Falls Run available to all. The current housing market is fostering a climate of despair. Sellers who can't find buyers are resorting to renting. Already, some owners have rented to individuals under the age of 55 and are therefore in violation of the CC&Rs.
The law requires us to conduct a census every two years to prove compliance with the 80/20 provision. The FRCA Board intends to maintain our census on an on-going basis. To that end, the Board has adopted certification forms that are to be filled out and returned to the property manager when a property is sold or rented. These forms are part of the resale disclosure package. However, we must rely on owners to notify us when they have rented their property.
The FRCA Board is committed to enforcing the CC&Rs to the best of our ability. But we have no desire to police this community. In the long run, maintaining the integrity of Falls Run as an age-restricted community depends on our willingness to cooperate.