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Both my husband and I want to live in quiet and smoke free place. Currently we live in townhouse in Orlando. The next townhouse has an elderly couple. Their son moved in a year ago. He is ex-convict. He smokes marijuana and other substances. All that smoke is leaking into our home. My husband and I both feel sick from it. My husband is sick right now and we are thinking of selling our home and moving out. We are a very quiet couple, we are not planing to have kids. My husband has multiple allergies. We feel like we would like to live in community that will have strict regulations regarding noise and smoke. Many my friends and my husband's friends are adults and over 50 years old. We don't enjoy youth/kids company, and we try to avoid it. I am curious is it possible for us to apply to 55+community, while mother-in-law will be on our lease? She lives in Massachusetts but she comes and stays with us during the winter time when she can. She is 70 years old. Please let me know what you think. Thank you.

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Have you complained, in writing, to the management company of your townhouse? Almost 2 years ago, one of the homes in our development burned. Our management company did nothing for over a year and a half. (There was no investigation,it was just laziness on the management). The lot became a breeding ground for insects, skunks, stray cats and was filled with trash and overgrown weeds. It was awful. I’d finally had enough this spring and sent an email to the Board of Comissioners of our Management Company. It wasn’t nasty, just factual. Within a week, a crew and a large dumpster arrived. Over the summer, the broken down fence was removed, the weeds plowed under and the house completed from the outside.

Before you let this scum bag chase you out of your home, contact the Management Company.
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Homeowner’s Associations and Management Companies are 2 different things. Our HOA is powerless and worthless. They hold pancake breakfasts, wine and app socials, organize a small community garden and publish a monthly newsletter full of admonishments that they never follow up on. Our development is Manufactured Housing. Check your paperwork from when you bought your home and see if it mentions a Management Company.

Just a caveat. If your hubby has already gone to the man and complained, I’d hesitate to call the police unless you truly feel you are in danger. He’s going to know it was you. No saying what this freak could do if he’s high. And I’d make sure I have eyes on his mom pretty regularly as well.

Try the Management Company first. They have the power to lean on the HOA. It will benefit you either way. No matter what age I was, if I came to look at a townhouse to buy and the area reeked of weed, I’d beat a nasty retreat.
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Do you currently rent or own?

There is an implicit warrant of habitibility in most states. Send a written communication to management, HOA, landlord. CC the local real estate board, whichever real estate agents currently show these condos.

Contact the holder of your homeowners or renters insurance and inquire about insurance paying for alternate accommodations until the smoke condition is remediated.

In other words, play hardball.

Oh, and call APS.
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To reiterate;

I'd file written complaints with HOA (not oral), management, my own insurance company. this is NOT a criminal matter. This is a civil complaint and you may need to get your lawyer involved.

And call APS.
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I agree that it depends entirely on the rules of the community you apply to. My mother, sister and brother in law live in a 55+ community and there are exceptions for younger people only if they are the caregiver of the older resident. It would be hard to argue that you're caregiver for you MIL if she's only 70 and only a seasonal resident.

Other communities have the rule that only one resident needs to be 55+, but a lot of those also have a rule that any additional residents need to be at least 40, or 45. You'd really need to ask around to see if you can find a community that will accept you at your ages.
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FLbutterfly, how old are his parents? Is he there to watch over them due to their age, or is he a young fellow who had no were to go but back to live with his parents? 

Since this young fellow is an ex-convict, he probably is on parole, thus his marijuana smoking would be in violation of him being on parole.  I wonder if there is some way you can make a complaint to his parole officer without giving out your name and address.
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I would think it would depend on the community.. some would be more strict about the age requirement. My parents used to live in a 55 + community but the average age was really closer to around 80. I am in my 50's and would feel out of place living in that community. At some point... maybe in my 60's or 70s I might consider moving to such a place.

There may be some younger leaning communities then the one my parents lived .. 30 seems so young to me.. heck.. even your mother in law at 70 is relatively young for at that place.

It was very quiet tho.. and the swimming pool was almost always empty.
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FLbutterfly, no matter where you go to live there will be a chance of having a neighbor who smokes, or someone new who moves in that does smoke. Smoking is allowed in one's home. It would be worth your time to look around for a totally smoke-free buildings if you rather live in a condo... some places have condo townhouses.

As for the 55+ communities, there might be some smoke-free buildings, again you would need to check around. Please note, these complexes are very strict about their 55+. Don't be surprised if you find out that at least one spouse or partner needs to be 55 or older, and the other spouse/partner no younger than 45.

Having your mother-in-law on your Lease may or may not work. Some 55+ communities will allow a younger relative to move in it the tenant can prove she need to have full-time caregivers.
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FLButterfly -- Aside from whether you can find a technicality that would permit you to live in a 55 and over community, I suggest you consider whether you would be welcome there. My husband and I moved to a 55+ community when we were both in our early sixties. I am a youthful person, but would not have felt welcoming toward a permanent resident of your age. I do sympathise with the negative aspects of your current living situation. Follow the legal advice you receive here.
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Sell the townhouse & buy your own single family home on its own piece of property. This way, you don't have to deal with an attached/semi-attached dwelling and whatever neighbors live next to you. Moving into a 55+ community isn't going to guarantee you that your neighbors won't smoke, watch their grandchildren every other day, etc. I think your current situation is proof of that---an elderly couple whose younger son moved in with them. The elderly couple isn't the problem, the son is. The only way to guarantee this won't happen again is to buy your own house on its own property. Forget about the condo/townhouse thing.
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