FORT LAUDERDALE, Fla. – Aug. 28, 2014 – Question: I live in a 55-and-over condominium. A neighboring property recently was sold at a foreclosure auction to a young couple who moved in with their small children. This goes against the rules of our community. Is there anything we can do? – Anonymous
Answer: No. When the sale of a unit occurs by legal action, such as in a foreclosure or to an heir in a probate case, it is outside of the board’s authority to approve or deny, similar to the way federal law will take precedence over state law.
But just because the new owners get to live there without the board’s consent, it does not mean that they will get a free pass for other association rules, including the requirement that they eventually sell or rent the condo to someone who is at least 55.
Typically, 55-and-over communities require only 80 percent of the residents to meet the age restriction. The 20 percent cushion is in place to accommodate situations such as foreclosure and the death of a spouse whose widow or widower is younger than 55.