Proposed amendments circulating the halls of the Village Green senior living community have residents of the cottages talking, and some say they’re concerned the new rules—if approved Nov. 20—could restrict their ability to rent or sell in the future.
In late October, owners of the Village Green Cottages received a letter written by President Terri Aulman of the Village Green Cottages Homeowners Association—also a Gilroy council member—explaining that changes are needed to the cottages’ covenants, conditions and restrictions to comply with federal, state and local law.
Under the most recent CC&R, last updated in 2003, residents as young as 55 could live in Village Green as long as they were the younger spouse, according to Aulman.
“Federal law supersedes all other laws and under federal law, 62 and over for a senior community applies to everybody except a caregiver,” she said. “What we are attempting to do is be in compliance with federal law.”
If approved, all cottage occupants must be at least 62-years-old—with the exception of a permitted healthcare worker. Despite the fact the Gilroy City Council adopted a “senior housing policy” in April 2005 that stipulates all senior units must include at least one resident who is 62 or older, Aulman said the change is a preventative move that will protect Village Green’s designation as a senior community.
In addition, the proposed amendments would limit the number of cottages that can be leased or rented to 19 of 76 cottages at any given time. Those who wish to rent out their unit must apply to the Village Green HOA Board of Directors, according to the document.
Not all current residents are thrilled with that concept.
Janet Larner and her husband purchased a cottage at Village Green nine years ago, but she said they’re looking for a way out. She’s concerned the likelihood she’ll find a buyer will diminish if she has to make sure that any prospective tenant—excluding a caregiver—is 62 or older.
“We’re a very delicate community in the fact that we can be preyed upon, and I think we are,” Larner said. “When we bought here, my husband was 60 and I was 62. You can’t do that any more if this passes. We pay to rent these places if we had to leave them, but now they want to take that privilege away, too. I’m trying with my heart and soul to stop this.”
A cottage’s owner would be prohibited from leasing or renting to consecutive lessees or renter for more than 60 days, according to the proposed amendments.
“The board wants to approve every buyer and it’s up to their sole discretion,” Larner added.
In response, Aulman said the board has the ability to limit the number of rentals, and they do so with the intention of protecting the feel of the community and its senior-designated status.
“We don’t want to turn into a place where investors come in and buy and rent to people. We want owner-occupied as much as possible,” she said.
The Village Green HOA will be holding a meeting Nov. 20 where homeowners will vote on whether to adopt the amendments. Until then, Larner said she’s hoping enough residents will get together to fight the proposed changes she and her husband are concerned will hurt property values and decrease the likelihood of finding a viable buyer for their unit.
“People here have nothing to worry about,” Aulman said. “Nothing is going to change with all the rentals that are currently rentals, and it would only apply moving forward if it’s approved. It’s not a done deal yet.”
