Page 6 - Boca ViewPointe - October '19

Page 6, Viewpointe October 2019
Halloween Housing For Older Persons

And Requirements For 55
By Arlene Rodman

What is the history of
Halloween? And Older Communities
The history of Halloween
goes all the way back to a
pagan festival called Samhain. A “55 and older” community is defined as a community that a 55 and older community’s right to continue enforcing its age
The word “Halloween” comes is intended and operated for occupancy by persons 55 years of restrictions. Therefore, registering and keeping the 55 and older
from “All Hallows Eve” and age or older. Such communities are governed by the Housing for designation alone will not, without anything further, entitle the
means “hallowed evening.” Older Persons exception in the Florida and federal fair housing community to restrict occupancy based upon age. 55 and older
Hundreds of years ago laws. As such, if a community meets certain requirements, communities should conduct periodic reviews, at least every two
people dressed up as saints and pursuant to both the federal and state statutes, it may restrict years, in order to verify that the requirements as stated above
went door to door for treats, occupancy based upon age. The right to restrict such occupancy have been met, otherwise an association could lose its 55 and
which is the origin of Halloween costumes and trick-or-treat. based upon age is usually based upon specific wording contained older status.
Halloween takes place on the last day of October. The within the association’s governing documents, which may It is important to point out that the requirements for Housing
word itself literally means “hallowed evening” and was either be drafted by the developer or added to the documents by for Older Persons is an occupancy issue and not an ownership
previously known to early European celebrators as All amendment. issue. In other words a 45 year old could purchase a residence in
Hallows Eve (October 31) and all saint’s day (November However, adding language to the association’s governing a 55 and older community, but could not occupy such residence
1), both paid homage to saints. The name was eventually documents is not enough for an association to qualify as unless there was at least one other person residing in the property
shortened to “Halloween,” which we know to this day. Housing for Older Persons. First, at least eighty (80%) percent who was 55 years of age or older.
The pagan and Christian occasions hadn’t always been of the homes/units must be occupied by at least one person 55 As such, if you are currently enforcing or wish to enforce
back to back though. Up until the 7th century CE, Halloween years of age or older. Second, the community must publish and or implement such age restrictions, it is very important that the
actually fell on May 13. Perhaps in an attempt to offset the adhere to policies and procedures that demonstrate its intent to Board of Directors of the association consult with counsel to
occasion with a religious celebration Pope Boniface IV made be a provider of housing for those persons 55 and older. Third, ensure that the governing documents for the association properly
the call to change the observation to October 31. the community must comply with age verification rules and allow for such restrictions and that the proper procedures
In Boca Pointe, if there are children in our villages, we procedures established by the Department of Housing and Urban and requirements, under both federal and state fair housing
usually open our doors when they come trick-or-treating and Development. Finally, pursuant to Florida law, such communities laws, are followed. In addition, if you have not renewed your
have some goodies ready to give them. They look so cute in must also renew their registration every two (2) years with registration or you are not sure whether your registration has
their Halloween costumes. the Florida Commission on Human Relations, which can be been properly renewed bi-annually, it is also important to consult
done by providing a letter on Association letterhead, signed with association counsel to make sure you are current with such
Arlene Rodman is a freelance writer in Boca Raton. by the President of the association, attesting to the fact that the registration and that all necessary procedures have been followed.
Email: writerdidi@aol.com.  community meets the Housing for Older Persons requirements.
Failure to adhere to the above requirements could jeopardize Sachs Sax Caplan, P.L., Peter S. Sachs 

Board Of Directors

April 2019 – April 2020 Officers/Executive Committee

Chairman and President Barry J. Haberman District 5 Dan Gabrielle (La Corniche)
Vice Chair Steve Retzer Esplanada, Caravelle, Palomar, La Corniche,
Vice President Gail Ehrlich and El Dorado
2nd Vice President Jim Collins District 6 Marvin Lazarowitz (Villa Stel)
Secretary Steve King Villa Flora, Montego Bay, Villa Stel, and Palladium
Treasurer Harvey Kaplan District 7 Joyce Britt (Villa Sonrisa)
The Plum/Cortina and Villa Sonrisa
District Directors District 8 Len Kagan (Costa del Sol)
District 1 Alvaro Fernandez Caballero (Encantada) Costa del Sol and Costa Brava
Encantada, Valencia and The Palms District 9 Robin Gliboff (Edgewater)
District 2 Steve King (Imperial Royale) Edgewater Pointe Estates and Stratford Court
Promenade, Imperial Royale, Imperial, Regency
and Panaché At Large Directors At Large Directors
District 3 Steve Retzer (La Mirada) Through 2020 Through 2021
La Mirada and Meridiana Carsten Bethge (Valencia) Howard Davis (La Corniche)
District 4 Bob Greenstein (La Paz) Jim Collins (Caravelle) Gail Ehrlich (Villa Flora)
El Viento, La Paz, and Southwinds Harvey Kaplan (Meridiana) Barry J. Haberman (Encantada)

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