Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

A: I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to abide by as a condition of sale. This age restriction is enforceable by the courts. That said, without being able to read the specifics, this is just general information which doesn't do anyone any good. What should happen is whomever is in charge of your brother's estate should gather all the documents relating to the purchase of the condo to include any documents regarding the age of occupants, and consult an attorney in the county in which the condo is located.

A: May your brother rest in eternal peace. I am very sorry for your loss. The ability for your brother's adult daughter to remain in the condo likely depends on the specific terms of the condominium association's governing documents, such as the Declaration of Condominium, the Bylaws, and any other relevant rules and regulations. Many 55+ communities impose restrictions on the age of residents to maintain compliance with federal and state laws, including the Housing for Older Persons Act (HOPA). If the governing documents specify that all occupants must be 55 or older, the association could potentially issue a notice of violation based on the daughter’s occupancy, which may lead to the possibility of eviction or forced sale if the violation is not remedied.

That said, this is not a conclusive response, as I have not had the opportunity to review the specific association's governing documents. Those documents would provide key information on any exceptions, such as temporary occupancy allowances or caregiver provisions, that might apply in this situation.

I strongly recommend consulting with an attorney who specializes in HOA and condominium disputes, as well as real estate litigation, to review the documents and advise on the best course of action. Should you need further assistance, I handle these types of matters and would be happy to help you navigate this issue.

A: I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family at this sad and difficult time. If the property did not transfer via deed upon death, then it is likely that some version of probate will be needed and consulting with a probate attorney will be important to address whether this was homestead and what over 55 ownership limitations apply, so the documents related to the HOA and Condo Assoc. etc. would need to be reviewed and addressed. The over 55 communities are very strict with what they permit or otherwise will allow related to the age thresholds and that will be important to address timely related to probate or just to the property ownership. Keeping up with the taxes and hoa/condo fees is also vital. If she is the beneficiary via a will or trust that will need to be addressed, if it is only via will, then it will be a probate matter and a Florida Probate Attorney will be required.