In South Florida, there are very few condos in the affordable price range for the under-55 age group. It is very discriminatory not to allow people who are only shy for a year or two not to be able to buy a condominium. Condominium complexes, which are not 55 years old and older, are either located in dangerous areas or require you to join a country club with a deposit of the size. With all the short sales and units withdrawn from the market, one would think they would change this archaic rule to meet those who are 45 + The new rule includes a “functional” test based on an employee`s professional functions. This functional test divides an employee`s responsibilities into three different groups, and the rule includes examples for each group: Question- My wife has a disability and has not been able to work since 1999 and she is 40 years old, I am 39 years old. Can a community 55 and older reject us under Florida`s 80/20 rule so they can buy and live in the community? ANSWER: The 80/20 rule is not a Florida rule and it is not clear how disability has anything to do with age restrictions in a HOPA community. The new rule reinstates the “80/20 rule” by stipulating that employers can use the tip credit as long as 80 percent or more of the work generates tips and no more than 20 percent directly supports the work. For work that is not part of the employee`s inclined occupation, no tip credit can be claimed. Workers who have tips earn a full and fair salary for hard work and dues. An employee who has been unfairly unpaid may be entitled to financial compensation for their damages.
If you have any questions or concerns about Dol`s proposed 80/20 rule for employees with tips, contact a florida compensation and hours attorney for assistance. My in-laws have an apartment in a 55-year-old complex in Florida. My 23-year-old son, their grandson, lives temporarily with them while he has a paid job on a baseball team during spring training. He is now at 7 weeks and he only has 2.5 weeks left for work. The chair of her community`s board of directors says he has to be on the road within 24 hours because a state law regarding guests in a community older than 55 says he can only stay there for 21 days. If he works, is he considered a guest? He is not on vacation. In addition, he only has less than 3 weeks left. It doesn`t bother anyone. Couldn`t they allow him to stay? Is this really their calling or can it stay? ANSWER: It is not appropriate for us to respond to specific legal requests. Please check the rules and documents of your association and consult a lawyer if necessary. The 80/20 rule simply states that employers cannot rely on the “tip credit” to bring an employee to minimum wage if a person spends more than 20% of their total working time on “tip-free activities”. In other words, employees with tips must spend at least 80% of their time working to get tips.
I am a veterinarian with a 100% service-related disability. Am I exempt from Rule 55 and above? I am 47 years old and I have no children under the age of 18 and my 23 year old son does not live with me and I just inherited my mother`s villa in a community of elderly people. The council is now in session, but the president insists that I cannot move in because the 80/20 rule refers to units, which means that each unit has at least 50% occupants aged 55 and over Nd does not mean if all units are 80/20?? He refused to hear me, and the director of the management company said that I had to make my request in writing?? Do I need an atty? I am very close to your apartment. Part of the problem is that each condominium project has different rules and conditions. Why not have a general set of documents and rules for all condominiums in the state? The problem of bad plumbers reflects a lack of Control by the State of Florida over the construction industry. Taking money and not doing the job is all too common a problem. Conversely, we also have a problem with condominium corporations that do not pay contractors. The state was far too pro-business in its laws and bad contractors often demolish people.
While I don`t mind living in a “55+” community in some way, I`ve been living in it for 13 years and I find that I don`t want or like some people to stay until they`re dead, if they and the whole community had better move into an assisted living facility at a reasonable age. I am talking about those who have one medical crisis after another, who are linked to wheelchair users or walkers and who can no longer participate in community activities or meetings. Usually, their personalities change as they get older, and they become grumpy, grumpy, and just mean the older they get, find flaws in everything and everyone, and resist any change for the better in the maintenance and upkeep of buildings in general. I think it should be “50-80” and have rules at both ends of the age spectrum – keep those under 50 outside and move those who also reach 80! I live in a community over 55 years old. Since we are the new era of living together, we have many couples living together in the same unity. However, only one is listed as owner. The second person is neither listed as an owner nor recognized as an owner in property tax records. Since our documents require an owner to be present when the unit is occupied, what happens if the owner dies and the unit is not on the deed in the name of the surviving roommates? I believe that without being in the act, the surviving partner should be asked to move, which is cold, especially for the elderly. Since landlords can attend meetings, what happens if a roommate who is not a homeowner attends meetings? Do we allow them to attend meetings, as we would with their owner partner? ANSWER: You mentioned the current problems that many associations are facing.
There are several ways in which a surviving partner may have the right to stay in the house – the couple may have arranged for the other to continue living in the house as a guest or long-term resident. Perhaps ownership of the property passes to the other occupant (through an estate, deed, will or otherwise). Your documents may relate to transfers of ownership by gift or inheritance – these procedures may come into play when the holder of the title dies. Many associations create rules for compliance with the obligation of self-employment in documents and call the partner a “permanent resident”. In this way, there is no violation if the owner visits his children for a month or is otherwise removed from the property. All non-owners must be treated equally when attending meetings and participating or voting on matters relating to the association. If the association allows other non-owners (p. e.g., spouses of owners) to participate, it should have the same policy towards other important people. I generally advise against allowing non-owners to participate in meetings.
Your question raises an important issue for people in this situation. Planning is crucial. If you`ve lived with someone for years, would you want the club (or your kids) to expel you immediately after you die? Of course not – so seek advice and plan how you want to deal with the occupation or future use of a partly owned house.