FAQ

The following questions and answers were provided by the Tri Palms Estates
Home Owners Assossiation

Who owns the land?
Does golf cost extra?
Must all residents in the home be at least 55 years old?
Can people under 55 buy a home in Tri Palm Estates and rent it out until we are qualified to live there?
Can we have seasonal or year-round renters?
How much time are visitors under 55 allowed to spend at Tri Palm?
I am over 55, my spouse/significant other is not. If I die or we divorce, can my spouse/significant other continue to reside in the home?
Can people under 55 occupy my home as guests in my absence?
How does the association assure compliance to see that everyone is following the rules of occupancy?
What is the penalty for an owner who is found to have violated the Tri Palm Estate age rule?
How often do we need to fill out an Age Verification Form and provide proof of age?
A resident has taken custody of grandchildren after a son’s or daughter’s messy divorce. The children have been at Tri Palm for longer than the 60 days permitted for guests. Can the homeowner’s association permit the children to stay longer that the current housing rules permit?

Who owns the land?
The homeowner owns the land the house sits on; and is responsible for a monthly maintenance fee, and is responsible for its normal real estate taxes.

Does golf cost extra?
Golf is included with the month maintenance fee for two people listed on title.

Must all residents in the home be at least 55 years old?
Yes. If they are not, “qualified permanent or permitted residents” who are not 55 years old must meet all of the requirements of California Civil Code 51.11 in order to reside in Tri Palm Estates. This includes spouses, significant others and caregivers with the proper Doctor Certification Letter. No more than one person under 55 is allowed to live in each home.

Can people under the age of 55 buy a home in Tri Palm Estates and rent it out until they are qualified to live there?
Yes, but they are required to certify, in writing, that they will only rent to residents who are qualified, and that they will provide proof of age with an Age Verification Form (available by calling 760-343-5256).

Are seasonal or year-round renters permitted?
Both seasonal and year-round renters are allowed as long as at least one person in each home over 55 years of age. See “Must all residents in the home be at least 55 years old?” and California Civil Code 51.11.

How much time are visitors under 55 allowed to spend at Tri Palm?
Family members and friends who are under the age of 55 are allowed to visit Tri Palm Estates for up to 60 days per calendar year. This includes under-age home owners who need to visit on the weekends for general home and property maintenance.

I am over 55, my spouse/significant other is not. If I die or we divorce, can my spouse/significant other continue to reside in the home?
Yes, as long as their residency, occupancy or use remains continuous and uninterrupted.

Can people under 55 occupy my home as guests in my absence?
No. The guest rule is intended to accommodate visitors, such as family and friends, who are visiting while you are present; where no landlord-tenant relationship exists and no money has changed hands.

How does the association ensure that everyone is following the rules of occupancy?
The homeowners association sends out reminder letters to owners who advertise houses for rent or for sale in Tri Palm Estates. When it is reported that non-qualified people may be occupying a home, we investigate to learn the facts. The homeowners association is also required to conduct audits from time-to-time.

What is the penalty for an owner who is found to have violated the Tri Palm Estate age rule?
As in any other violation, the owner will be required to take corrective action—for example, immediately removing any non-qualified people from the premises. Failure to act will result in a hearing and a $50 a day fine levied in accordance with the published “fine schedule.”

How often do we need to fill out an Age Verification Form and provide proof of age?
Probably only once, unless someone turns 55. When this happens, please advise the homeowners association. You will also need to fill out a new form if you move to a new address or if the association is doing an audit or survey of the residents’ files.

A resident has taken custody of grandchildren after a son’s or daughter’s messy divorce. The children have been at Tri Palm for longer than the 60 days permitted for guests. Can the homeowner’s association permit the children to stay longer then the current housing rules permit?
No. California state law has no reserve or exception for hardship cases. If the homeowners association fails to enforce senior housing rules and fails to remove the children, the association runs the risk of having to waive its right to later enforce the senior housing rules with other residents.