Who gets to live at 81 Frank Norris St, a building constructed in 2007. 81 Frank Norris St is home to 32 condominiums. What kind of condominiums? Well, that depends on who you ask.
The homes were originally sold and marketed as having occupancy age requirements. In particular, that one occupant (not necessarily the purchaser/owner) of each home had to be age 55 or older.
Here’s the language from the CC&R’s, presented with the first amendment first, and then the relevant sections of the CC&Rs below:
So what does Section 2.1(a) of the CCRs for 81 Frank Norris St, say? Read on:
What about Section 7.1(c) and Section 7.1(e) referenced in the first amendment? They read as follows:
I’m not an attorney, so I’m not qualified to give legal advice about the legal meaning of the CCRs for 81 Frank Norris, but I can say that it appears the more restrictive covenant in Section 7.1(e) labeled “Senior Housing” has been deleted leaving the language in Section 2.1(a) that says
“it is intended that at least eighty percent (80%) of the residential condominium units will be occupied by at least one (1) qualifying senior citizen…”
However, when I reached out to the planning department that was involved in the building approval process, I received a response that they view all of the units in the building to be under the restriction requiring at least one occupant per home to be 55+.
So which is it? The answer isn’t just academic – two homes in the building are currently on the market, and the public marketing remarks for both properties don’t make mention of any age requirements for future occupants or owners.
I’ve also heard that owners at the building have received documentation requesting notarized proof of occupancy by one person age 55 or older per residence.
I’m trying to track down if there are other recorded restrictions outside of the CC&Rs. My understanding is that the developer of this building received entitlements to build at higher density in exchange for the occupancy restriction, but whether or not that restriction was recorded as a separate agreement is another one I don’t yet have an answer for.
What’s your understanding of 81 Frank Norris Place? If you own a residence in the building, have you received a request regarding proof of age for one occupant?