Age-Qualified FAQs

The Greens at Camarillo Springs will be intended for occupancy by at least one person 55 years of age or older, and younger persons who meet certain qualifications for occupancy under law and the governing documents of  Homeowners' Association.

 

AGE AND OCCUPANCY QUALIFICATIONS

 

Each residence at the community must be occupied by one or more persons who are 55 years of age or older (each, a "Qualifying Resident"). The other occupants of the Residence must be a person who:

 

(a)      Is a spouse or domestic partner of the Qualifying Resident; or

(b)      Is 45 years of age or older; or

(c)      Provides primary physical or economic support to the Qualifying Resident; or

(d)      Provides live-in, long-term, terminal or hospice health care to the Qualifying Resident for compensation              or is a family member of the Qualifying Resident who provides that care. (Under CA Law - room and                  board is "compensation" and does not need a pay stub.)

 

FREQUENTLY ASKED QUESTIONS

  1. May a person who is under 55 purchase and own a Residence at the community for parents or others who are over?

    • Yes - the age and occupancy restrictions only apply to those who intend to occupy the Residence on a permanent basis. There are no restrictions on who can purchase or own a Residence in the community.

  2. May our family or friends visit and stay in our home? 

    • Yes - on a temporary basis as visitors. Individuals who are under 55 and do not qualify for permanent occupancy under any of the other categories may visit for periods not to exceed 60 days in any calendar year.

  3. My spouse and I are both 46 years of age. Since we are both over 45, do we qualify for permanent occupancy at the community?

    • No - You may purchase and own a Residence, but unless at least one of you or another permanent resident of your home is 55 years of age or older, you may visit but not occupy the Residence on a full-time basis until one of you turns 55 years of age or older.

  4. May persons between 18 and 45 years of age reside in our home on a permanent basis as a guest, tenant or roommate if they do not provide live-in health care or primary physical or economic support to a Qualifying Resident?

    • They may live in your home if they are a spouse or cohabitant of the Qualifying Resident. Otherwise, they may not stay in your home for more than 60 days in any calendar year unless they are a mentally or physically disabled child or grandchild of a Qualifying Resident or Qualified Permanent Resident and must live with you because of the disability.

  5. May a person who is under 18 live in our Residence?

    • Persons who are under 18 may not live in a Residence for more than 60 days in a calendar year unless the person is a child or grandchild of the Qualifying Resident or a Qualified Permanent Resident AND the person has a mental or physical disability that requires the person to live with the parent or grandparents as discussed above.

  6. I am the 30-year-old spouse of a 55-year-old Qualifying Resident. If the Qualifying Resident dies before I turn 55 years of age, may I continue occupying the residence as a Qualified Permanent Resident?

    • Qualified permanent Residents may remain in the home after the death of a Qualifying Resident so long as their presence does not cause the total number of occupied  units in the community with at least one person who is 55 years of age or older to fall below 80% of all occupied units.

  7. Our daughter is under 45; we are over 55. She assists us with daily physical activities that we cannot perform ourselves. May she live in our residence?

    • Yes - She may occupy the residence as a "Qualified Permanent Resident" if the services she provides to Qualifying Residents constitute "primary physical or economic support" Generally, assistance with daily chores, errands, hygiene, and other tasks that the Qualifying Resident cannot perform would be considered primary physical support even if they are not in the nature of live-in health care services. Primary economic support is financial support that exceeds the income and other financial support received by the Qualifying Resident.

  8. Our under-45 son is not a medical professional, but he provides his disabled 60-year old father with daily live-in assistance related to his medical condition. May he live with us

    • Yes - As a family member of the Qualifying Resident, your son may live with you as a Permitted Heath Care Resident so long as the services he provides his father are substantial in nature and provide assistance either with necessary daily activities or medical treatment, or both.

  9. We have an under-45 medical assistant who provides live-in, long-term medical treatment to my wife who is 56 years of age, in exchange for room and board only. Does that disqualify her from residing in our home as a Permitted Health Care Resident providing services for "compensation" as the law states?

    • No - Under California law, room and board are permitted as compensation to qualify live-in, long-term health care providers to reside in the home as Permitted Health Care Residents.

  10. I am 40 years of age, disabled, and require full-time nursing care. My spouse is 60 years of age and in good health. May my full-time nurse live with us?

    • No - Unless the nurse is providing live-in, long-term care to your over-55 spouse (who is the only Qualifying Resident), the nurse may visit daily, but may not reside in your home for periods longer than 60 days in any calendar year.

  11. I provide live-in, long-term health care for compensation to a Qualifying Resident who needs temporary outside skilled nursing. Must I move out while the Qualifying Resident is absent?

    • You may remain in the home during temporary absence if:

      • The Qualifying Resident wants you to remain,

      • the Qualifying Resident expects to be absent for no more than 90 days, and

      • the Qualifying Resident makes written request to the Board of the Association. In addition, the Board has discretion to give you one additional extension not to exceed 90 days if the Qualifying Resident requests the extension, and it appears reasonably foreseeable to the Board that the Qualifying Resident will in fact return home within the extension period.

  12. My 60-year-old wife needs long-term in-home health care. Our live-in nurse providing that care has two underage children. May the two underage children reside in our home?

    • No - Only those persons whose presence is necessary to the actual provision of the Qualifying Resident's long-term, live-in health care may remain in the home.

  13. I am the primary caregiver for my 26-year-old daughter who has a physical disability. May she live with us in our home?

    • Yes - If you are either a Qualifying Resident or a Qualified Permanent Resident and because of her condition, your daughter needs to live with you, then she may permanently reside as a Qualified Permanent Resident in your home until her condition ends.

New Urban West, Inc.

© 2020 New Urban West, Inc.