Owners planning to sell can’t sidestep special assessment

Q: Our association governs a 55-year-old park, with at least one person per lot age 55 or above.

Our covenants allow for persons 21 years of age and older to occupy a lot, as long as there is one resident living on the lot who is 55 years or older.

Minor children may be allowed to occupy any lot when visiting or vacationing, but with time limits.

Children will be permitted for a maximum of four weeks vacation in any six-month period.

Our regulations also state that no commercial child care or baby-sitting is allowed at the community.

Our problem is that child care is being provided by grandparents. We have one home where three children under the age of 12 are dropped off at 6 a.m. and the grandfather takes them to school at 8:15 am. At 3:15 p.m., the children are picked up from school and stay with the grandfather until 6:30 or 7 p.m. when the parents pick them up.

With school out for the summer, the children will be at the community all day.

In another home, a grandmother is watching a 3-year-old child who often stays overnight.

The board is receiving many complaints about these situations. The children play outside on bicycles and of course are making noise. Many neighbors have complained about this problem as their rights to the quiet enjoyment of their property are gone.

It is unknown if either of these parties is accepting payment for baby-sitting services, What can the board do to alleviate this problem?

A: First, a little history is needed. In 1964, a hundred years after the first civil rights laws became part of our United States Constitution, Congress began working on new laws guaranteeing the rights of Americans to their civil liberties as they pertain to housing.

The original proposals for fair housing did not have any exemptions. Senior citizens (who are voters) began their lobby for exemptions and as a result two exemptions were created, one of which is the 55 year or older exemption.

Under federal law, an elderly community has residents who are at least 55 years old. In an age-qualified community at least one person in 80 percent of the units must be 55 years or older.

Consequently, I could be 55 years old and raise my grandchild who is 6 and be in compliance with the federal laws. Your covenants could be found to be discriminatory.

The Fair Housing laws of 1964 were later amended creating a new protected class, which is families. You cannot discriminate against families. In this case, you have regulations, which pertain only to children and therefore could be found to be discriminatory.

In fact, these grandparents who are helping their grandchildren could file complaints against the association by contacting the Department of Housing and Urban Development's Fair Housing and Equal Opportunity office

Since 1964, there have been many "social" and demographic changes that have taken place in the United States. Almost 50 percent of American children are living with a single parent.

Grandparents are helping to raise their grandchildren and in some cases, the grandparents are just as much primary caretakers as the children's parents.

Hence the conflict: Seniors who want to enjoy the quiet of the community versus grandparents who are now finding themselves raising another generation.

Your association should modify its rules and regulations and at the same time work with the grandparents and their children to help find a better balance so that all residents can enjoy their homes.

As a footnote to my readers, my husband, Andy, and I are one of these grandparents who are very much raising a grandchild as my daughter finishes her fourth and final year at school.

PS: Samantha Holland, age 5, is the most wonderful gift that we could ever have in our lives.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q.& A., P.O. Box 7440. Las Vegas, NV 89125. Her fax number is 385-3759 or she can be reached by e-mail at support@hlrealty.com.