If you are a Sun City homeowner and are planning to sell your home, consider adding the following information to your game plan. The market for potential Sun City home buyers is much greater than home owners and real estate agents are generally aware of.
According to our governing documents and the law that sanctions a common-interest community, such as Sun City, Huntley, it is anticipated that owners and renters will make up 100% of the occupancy. But, that same law also includes a rarely utilized clause that states that occupancy by 55 year olds must be no less than 80% of the entire community. The 80% includes owners and renters. The remaining 20% can therefore include occupants, who are between 19 and 54 years of age. That same exception also applies to buyers. Advertising must focus on housing for 55 and over.
That provision, which exists in our CCRs [Conditions, Covenants, and Resolutions] and the HOPA law [Housing for Older Persons Act], has had little public reference or discussion.
Why the lack of awareness? Who knows? Maybe no one asked. There has been a lot of ongoing hearsay and misinformation about the minimum age requirement to qualify for residency in a 55-year-of-age community. Much of what has been commented upon included bits and pieces of the whole story.
The 1995, HOPA law, which creates the right for an age restricted community to exist, is really an addendum of the 1964 Civil Rights and 1968 Fair Housing Acts, both of which prohibit discrimination generally and housing specifically with the 1968 law.
Look around. What do you see? The overwhelming age of owner/occupants or renters is clearly 55 years and above. There is an occasional under-55- and above-19-years-old occupant, who is typically an eligible family member. The prevailing average age of all residents, by far, exceeds 55 years of age.
Have no fear, the 5481 Sun City homes are not likely to be inundated by any young “whipper snappers” under 55 years of age. The HOPA Law and our CCRs require a minimum occupancy of 80% of the total. Twenty percent of the 5481 Sun City homes is 1096. The likelihood of reaching that level of under the 55 age is minimal.
Sun City Huntley will continue to be a 55 years of age community for active adults but an occasional under-55 occupant may become one of our neighbors. As long as the under-55 year old potential buyer confirms with CAM that the community is compliant in guaranteeing 80% of 55-year-olds occupancy you can proceed to: Check with your attorney; Confirm with your agent; Sign the buying contract; Close the deal; and move on.
References to confirm this information is available in the Sun City CCRs, Page 11 , paragraph 2.5; The HOPA law; and Online HUD [Housing and Urban Development} explanations.
Jim Darow
Neighborhood 5
