Question: What are the requirements for owning and or residing in an over 55s strata property? Does the owner or all residents need to be over 55 to live in a retirement village?
Our Strata is an over 55s or invalid property. Can a purchaser be stopped from buying a lot in a retirement village if they are unable to prove they are 55+ years old and/or permanently invalid?
Finally, what constitutes invalid under the Strata legislation?
Answer: It’s not the purchaser who needs to be over 55, it’s actually the resident.
It’s not the purchaser who (needs to be over 55) [https://www.lookupstrata.com.au/nsw-are-age-restriction-rules-valid/], it’s actually the resident. So I could actually purchase a property and have my mother who’s over 55 reside in the property. The deciding factor is on the resident as opposed to the purchaser. So the purchase can be any age, it’s just the resident that presides.
If you’re a resident and you’re 55 and you have a relative such as a dependent child, an aunt, a stepfather, etc, living with you and they are under 55, they can also occupy the property with you. The main resident needs to comply and be over 55.
What determines whether you have the disability etc, to actually reside? It would come down to medical reasons. The retirement village act would have more information about that.
For me, in short, it would be having some medical certificate to confirm that you do have a disability or a condition to ensure that you do warrant what they define as acceptable for that scheme.
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