Managing the Age-Restricted Community PowerPoint Handout

Managing the Age-Restricted Community
PPT
HANDOUT
MANAGING THE AGERESTRICTED COMMUNITY
FRIDAY CONCURRENT SESSION
2:00 – 3:15 PM
SPEAKERS
Northern California: Kathryn Henricksen, CCAM, Jennifer Jacobsen, Esq.
Southern California: Wayne Guralnick, Esq., Daniel Goodrich, CCAM-LS
©2016 CACM, Inc. - Law Seminar - All rights reserved.
Page | 1
3/9/2016
Managing the Age-Restricted
Community
Daniel Goodrich, CCAM-LS, Sierra Dawn Estates HOA
Wayne Guralnick, Esq., Guralnick & Gilliland, LLP
Sign Out
Procedure
To receive 8 CEUs, please
complete the blue sign out
sheet and turn the completed
sheet to CACM staff at the
END of the session
Empowering Managers. Enriching Communities.
Federal
•
“Housing for Older Persons Act” (“HOPA”) adopted in 1995 permits
certain types of senior housing to exist as an exception to federal
restrictions prohibiting discrimination on familial status.
•
HOPA provides exemptions for the following:
•
•
Housing constructed under Federal / State programs for the
elderly;
•
Housing for persons age 62 and over; and
•
Senior housing for people age 55 and older and intended for
occupancy by seniors.
For purposes of this seminar, we are concentrating on the 55-Plus
Housing.
Empowering Managers. Enriching Communities.
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Federal
•
55-Plus Housing Requirements require compliance with all
of the following:
At least 80% of the occupied units are occupied by at least one
(1) person age 55 years of age or older;
•
The community publish and adhere to rules and regulations
designed to effectuate the intent to provide housing for those
55 years of age or older; and
•
The community also complies with the Department of Housing
and Urban Development ("HUD") rules regarding age
verification of occupants.
Empowering Managers. Enriching Communities.
Age Restrictions –
Federal
•
Housing for Older Persons Act (“HOPA”) states:
"In order for a housing facility or community to qualify as
housing for older persons . . . at least 80 percent of its
occupied units must be occupied by at least one person
55 years of age or older".
24 Code of Federal Regulations section 100.305.
Empowering Managers. Enriching Communities.
Age Restrictions –
State
•
Under California Civil Code section 51.3, all persons in the
household must be 55 years of age or older unless they qualify
for one of the limited statutory exemptions as a (1) Permitted
Health Care Resident or a (2) Qualified Permanent Resident.
•
Persons who do not fit one of the three categories are Guests
and may only temporarily reside in the community for 60 days
in any year.
•
55 year old must qualify on occupancy. Cannot age in place.
•
Federal law acts as a ceiling on who can occupy the 20%. Call
this the “80-20 Rule”.
Empowering Managers. Enriching Communities.
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Age Restrictions –
State
Qualifying Resident (“QR”)
Is this person 55 years of age or older?
Do they intend to reside in this dwelling as his or
her primary residence on a permanent basis?
If "yes", person qualifies as a QR.
Empowering Managers. Enriching Communities.
Age Restrictions –
State
•
Is the Person a Qualified Permanent Resident (QPR)?
•
45 years of age or older OR
•
Spouse, co-habitant (i.e. living together as husband and wife or
domestic partners) OR
•
Providing primary physical or economic support to the QR? AND
•
Residing with a QR? AND
•
No violation of 80-20 Rule?
•
If "yes", person qualifies as a QPR.
Empowering Managers. Enriching Communities.
Age RestrictionsState
QPR -Is this person
1.
An adult child/grandchild of the QR or QPR? AND
2.
Has a physical or mental impairment substantially limits one or more
of the major life activities? AND
3.
Is not a significant threat to the health or safety of others? AND
4.
No violation of 80-20 Rule?
If "yes", person also qualifies as a QPR but can only stay during
pendency of illness or injury.
Empowering Managers. Enriching Communities.
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Age Restrictions –
State
•
Is the Person a Permitted Health Care Resident (“PHCR”)? :
1. Family member or paid 3rd party; AND
2. Providing substantial live-in, long-term or terminal health care
to a QR; AND
3. Assists the QR with necessary daily activities or medical
treatment or both? AND
4.
No violation of 80-20 Rule?
If "yes" can stay until s/he no longer provides long-term or
terminal health care.
Empowering Managers. Enriching Communities.
Age Restrictions –
State
If Person is not QR, QPR or PHCR, person
Qualifies Only as a "Guest".
Can be an overnight guest/temporary resident
of the Qualifying Resident or Qualifying
Permanent Resident up to sixty (60) days total
in any calendar year.
Empowering Managers. Enriching Communities.
Vignette One –
Casa Nirvana
•
At age sixty (60), Cherilyn Sarkisian (a.k.a. "Cher"), an
aging actress, is sixteen years older than her boyfriend,
Thomas Cruise Mapother IV, who is a mere forty four (44)
years in age.
•
Although she was known for her wild ways as a younger
woman, as she has grown older Cher does all she can to
look her best. She eats healthy and works out daily. She
also keeps the assistance of an elite team of plastic
surgeons on speed dial. All of these things help her keep
up with the young, handsome Tom Cruise who aspires to
be an actor himself one day.
Empowering Managers. Enriching Communities.
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Vignette One –
Casa Nirvana
•
Cher purchases a beautiful mansion which she dubs
"The Estate" within an exclusive age restricted common
interest development known as Casa Nirvana, located in
Marin, California. Soon after they move in, Cher comes
down with pneumonia. Within six (6) months of their
arrival at Casa Nirvana, Cher, unfortunately, dies.
•
Tom Cruise continues to occupy The Estate after Cher's
death. Can Casa Nirvana Owners Association take
action against Tom Cruise to force him to leave The
Estate as he is not 55 years of age or older? Why or
why not? Would your answer change if Tom Cruise was
not a significant other but rather a paid nursing
assistant? Why or why not?
Empowering Managers. Enriching Communities.
Vignette Two:
Heaven's Gate Owners
Association
•
Tammy Faye Bakker is sixty five (65) years old. Earlier in
the year she had divorced from her husband, Jim Bakker,
a full time auto mechanic and part time preacher.
•
Tammy Faye moves into Heaven's Gate Owners
Association, an age qualified community in San Diego,
California. Shortly thereafter, Tammy Faye's daughter,
Tammy Sue Bakker, aged thirty five (35), moves in with
Tammy Faye. Moving in along with Tammy Sue is her
daughter, Tammy Raye Bakker, who is twelve (12) years
of age.
Empowering Managers. Enriching Communities.
Vignette Two:
Heaven's Gate Owners
Association
•
The reason Tammy Sue and Tammy Raye moved in with
Tammy Faye is that Tammy Faye had been diagnosed with
Stage 4 lung cancer several months prior. Tammy Faye
now requires around the clock assistance for her most basic
activities.
•
Tammy Sue performs the majority of the health care
assistance duties for Tammy Faye but also works part time
as a nurse at a local hospital.
•
Tammy Sue home schooled Tammy Raye so that when
Tammy Sue was at work, Tammy Raye could take care of
Tammy Faye. Within six (6) months of Tammy Sue and
Tammy Raye moving in, unfortunately, Tammy Faye dies.
Empowering Managers. Enriching Communities.
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Vignette Two:
Heaven's Gate Owners
Association
•
Tammy Sue and Tammy Raye continue to occupy Tammy Faye's home after
her death.
•
Can Heaven's Gate Owners Association take action against Tammy Sue
and/or Tammy Raye to force them to leave as they are not 55 years of age or
older? Why or why not?
• Would your answer change about Tammy
Raye if Tammy Raye was disabled? Why
or why not?
Empowering Managers. Enriching Communities.
Vignette Three:
Santangelo Heights
Community Association
•
At age seventy-seven (77), Jackie Collins is an accomplished
romance novelist.
•
Originally from England, she decides to retire in Santangelo
Heights, an exclusive, age- restricted common interest
community located in San Francisco, California. The
community contains beautiful views of the San Francisco Bay
and the community golf courses.
•
She knows the views will help inspire her to write many more
spicy novels to please her readers. Soon after moving in, she
starts penning the lines to her latest work entitled "A Man for
Every Occasion".
Empowering Managers. Enriching Communities.
Vignette Three:
Santangelo Heights
Community Association
•
After about a year of residency, the Santangelo Heights
Board of Directors notices Ms. Collins' assessments have
become delinquent and have remained unpaid for many
months.
•
The Association managing agent, Fred Rogers, travels to
Ms. Collins' home and knocks on the door. She greets him
in a full clown outfit complete with a garish wig and a red,
squeaky nose. Ms. Collins invites him in for a "spot of tea".
•
During their conversation, it is clear to Mr. Rogers that Ms.
Collins is suffering from some sort of dementia or cognitive
disabling illness or injury.
Empowering Managers. Enriching Communities.
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Vignette Three:
Santangelo Heights
Community Association
•
When he returns to his office, Mr. Rogers attempts to locate Ms. Collins'
children as the office regularly requests that residents share with them the
specifics regarding the "next of kin" in the "event of an emergency".
•
He speaks with all three of Ms. Collins' children who live in England by
telephone. Each of them assure Mr. Rogers that they have "spoken to
their mum" recently and that "their mum is fine!"
•
Mr. Rogers has the Association's collection company check the title to Ms.
Collins' home and discovers that she is current on her mortgage payments
even though she is delinquent on her assessments.
•
What, if anything, can or should the Association do to assist Ms. Collins?
Should the Association begin foreclosure proceedings against her? Why
or why not?
Empowering Managers. Enriching Communities.
Vignette Four:
Presidio Heights Community
Association
•
Elizabeth Taylor, an aging movie icon, businesswoman
and humanitarian moves in to Presidio Heights
Community Association, a high-rise, age-restricted
community located in San Francisco.
•
During various surgeries to correct complications
stemming from a broken back suffered as a teenage
actress, Ms. Taylor developed an addiction to
prescription pain medication. She also regularly uses
alcohol along with the pain medications to ease her
distress.
Empowering Managers. Enriching Communities.
Vignette Four:
Presidio Heights
Community Association
•
Shortly after moving in, Ms. Taylor begins regularly attending
Board Meetings where she takes the mike during open forum
and ridicules and berates the Board, Management and Staff in
violation of the Member Code of Conduct.
•
She also purchases a street legal golf cart and files an
application insisting on having a handicapped parking spot
assigned to her near the elevator. Although she does not
have a drivers' license, Ms. Taylor regularly drives her golf
cart to shopping, lunch and dinner. When she returns to the
community, she drives at dangerous speeds throughout the
parking garage.
Empowering Managers. Enriching Communities.
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Vignette Four:
Presidio Heights
Community Association
•
Must the Association grant Ms. Taylor's request for an assigned
handicapped parking spot?
•
What, if anything, should the Association do to control Ms. Taylor's
behavior?
•
Is there a line between what the Association can and should do for
residents that are aging in place and may be a danger to themselves or
others?
•
What services or programs can be provided to assist Super Seniors?
•
What should the community's involvement be when residents need to
transfer to a more assisted living care facility?
Empowering Managers. Enriching Communities.
Vignette Five:
Mona Lisa Village
Association
•
Ron Woods, an extremely successful guitarist and
musician moves into Mona Lisa Village, an agerestricted community located in La Jolla, California, with
his fourth wife, Sally, age 37. Ron is 68 years old when
they move into Mona Lisa Village. Soon after they
move in, Sally discovers she is pregnant with twins.
•
Can Sally live at Mona Lisa Village? Why or why not?
When the twins are born can they reside at Mona Lisa
Village? Why or why not? What should the Board do to
address these issues?
Empowering Managers. Enriching Communities.
Questions and
Answers?
Empowering Managers. Enriching Communities.
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Next Up
Thank you for attending the 2016
Law Seminar & Expo!
Please turn in your completed
sign out sheet to receive 8 CEUs.
Empowering Managers. Enriching Communities.
9
SPECIALIZATION
SPC420
Age-Restricted Active Adult
Community Management
This course focuses on the unique management needs, legal considerations and challenges
of active adult communities, also known as senior communities. You will learn approaches
for effectively managing these communities’ specialized requirements and programs. Best
practices will be discussed for creating a caring community culture and managing recreational
and lifestyle programs.
LEARNING OUTCOMES
Explain legal considerations for age-restricted active adult communities
Describe the characteristics that make active adult communities unique
Explain how the demographics of a community influence management decisions
and priorities
Identify health and safety issues associated with residents who are aging in place and
provide appropriate support to those residents and their families
Apply best practices for managing lifestyle programs
SCHEDULE
April 14
1:30 PM - 5:30 PM Sacramento
July 28
1:30 PM - 4:30 PM San Francisco
September 15
8:30 AM - 12:30 PM Coachella Valley
April 19 & October 4
10:00 AM - 2:00 PM Online
“[I] gained considerable insight by
having students share experiences
on the subject.”
Josie Hughes, CCAM
Landmark, Inc., A Community Association
Management Company
WHO SHOULD TAKE THIS COURSE?
Experienced community managers who want to expand their job opportunities by having
specialized knowledge about managing active adult communities
Management company executives who supervise large scale community managers
Active adult community recreation directors, lifestyle directors or other applicable
support staff
PREREQUISITES
None
CONTINUING EDUCATION UNITS (CEUS)
4
COURSE LENGTH
4 hours
COURSE FEE
Member $145
Non-Member $215