Age Requirements
The Age Compliance Committee Member, in conjunction with the Architectural Committee members, is responsible to enforce, and enable the Owners to enforce, the conditions and restrictions contained in the Costa Serena First Restated CC&Rs, as they pertain to age restrictions for our community.
- Age Compliance Committee Member - Barbara Hillery
- Real Estate Liaison -Barbara Hillery
- Welcome Walker Coordinator – Erika Havlikova
Welcome Walkers – Cathy L.
Steve G.
Brenda I.
The Process
The Real Estate Liaison monitors internet sites such as Realtor.com, Trulia, and Zillow for new sales and rental listings to ensure that the listing contains our 55+ age requirements. Our goal is to be proactive, making sure that new residents meet the age requirements before they purchase or rent a home in the Community of Costa Serena.
For sales, contact is made with the Listing Agent to make sure they know we are a deed restricted community with CC&Rs, request contact information be provided to the Escrow Officer, thus ensuring the required Age Verification Forms, CC&Rs, and other useful information is provided to the new owners, and a proper transfer of ownership is completed.
For rentals that do not list the 55+ age requirements, contact is made with the property manager or owner to ensure they comply with the age requirements. Currently, owners are not required to notify the Committee when they are renting their property, but we appreciate those owners that complete the Age Verification Form during their rental process. All leases and rentals must be for a period of at least 31 days or more. Short-term rentals (30 days or less) are strictly prohibited by our CC&Rs.
After a new resident moves in, the Welcome team members contact the new residents to complete the Age Verifications, provide a copy of the CC&Rs, and answer any questions they may have. Once the verification is complete, the database is updated to reflect the current owners/tenants. The database, along with the biennial Resident Age Survey to comply with HUD’s verification of occupancy survey, are the source documents for the biennial report required by HUD. This process is how we document our compliance with The Code of Federal Regulations, Title 24 - H – Housing and Urban Development (HUD) rules and requirements for maintaining our senior status.
When it becomes known that an underage person is residing in Costa Serena, either through the Age Verification process or by a confidential complaint submitted to the Committee, the Age Compliance Committee takes appropriate action to resolve the underage situation.
We need all residents’ help in preserving our senior status! You can do that by reporting known violations of the age restrictions. If you know that there are underage people residing in Costa Serena for more than the allowed 60 days, please contact me either by telephone, email, or text. Your input will remain confidential, or if you prefer, you may submit an anonymous complaint by dropping it off in our secure lock box located at 3670 Aqua Lane or mail to Costa Serena Architectural Committee, Attn: Barbara Hillery, P.O. Box 6076, Oceanside, CA 92052-6076.
Definitions
“Qualifying Resident” or “Senior citizen” means a person 55 years of age or older residing in the Community.
“Qualified permanent resident" means a person who meets both of the following requirements:
- Was residing with the qualifying resident or senior citizen prior to the death, hospitalization of other prolonged absence of, or the dissolutions of marriage with, the qualifying resident or senior citizen.
- Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident or senior citizen.
“Qualified permanent resident” also means a disabled person or person with a disabling illness or injury who is a child or grandchild of the senior citizen or qualified permanent resident. A disabling injury or illness must meet the definition of disability set forth in Section 54 of the Civil Code. Proof of disabling injury or illness and Committee approval are required.
“Cohabitant” refers to persons who live together as spouses or persons who are domestic partners within the meaning of Section 297 of the Family Code.
“Permitted health care resident” means a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. A Physician letter certifying the need for a live-in caregiver, Permitted Health Care Provider certification and Committee approval are required. All Permitted Health Care residents are required to provide an updated application to the Committee on an annual basis confirming continuing permitted health care resident status. The Age Compliance Committee member sends out the annual renewal application for completion.
One person in each residence must be a senior citizen (55+ years of age) who intends to reside in the residence as his or her primary residence on a permanent basis. Any other occupant in the same residence shall be a qualified permanent resident, permitted healthcare resident or a person under 55 years of age whose occupancy is permitted under Civil Code Sections 51.3 and 51.4.
Temporary residency, as a guest of a senior citizen or qualified permanent resident, by a person of less than 55 years of age is allowed for a maximum of sixty days in any year.
Upon death or dissolution of marriage, or upon hospitalization or other prolonged absence of the qualifying resident, any qualified permanent resident shall be entitled to continue his or her occupancy, residency, or use of the residence as a permitted resident. This does NOT apply to Permitted Health Care Residents.
The occupancy of a residence by a permitted health care resident is allowed during any period that the person is in fact providing live-in, long-term, or hospice health care to a qualifying resident for compensation. Compensation includes food and lodging in exchange for care.