As communities and populations age and expand in Florida, developers and associations both face new challenges that are vastly different from the ones overcome since the turn of the century.  The advent of this century brought such issues as insurance and repair of hurricane damage, Marketable Record Title Act and foreclosures to the forefront.  Community Association laws and practices changed to incorporate the new realities. 

The changing culture, demographics and technology herald new trends.  What’s next for community associations?

1.         The Urban Core

The return to residential urban living signals a search for structures that are conveniently located.  Developers, such as Group P6 in South Florida, want infill lots in walking distance of shops, restaurants and the water.  Residents of such condominiums and townhouses demand different amenities, such as garden areas and bike storage, and express different priorities, such as a shorter commute to work, than those seeking suburban condominium or townhouse complexes.  These differences could be reflected in the community association’s Governing Documents, which might dictate use restrictions as to the types of plants, garden maintenance or electric car stations.

2.         The Suburbs

The connotation of suburban life is changing with the creation of New Urban piazzas.  Replacing wooded areas and open spaces within and between communities with commercial and professional/office space for walkability and proximity.  It is happening in Tyson’s Corner, Virginia, which most recently served as a “sprawling, car-dependent suburban business park…”  There, the County focused development on “(i)ncreased density and expanded rail access, combined with a push for walking, cycling, and bus ridership”.  http://www.theatlantic.com/magazine/archive/2014/11/the-urban-future-of-the-american-suburb/380797/  Existing communities in these environments may need to modify their Governing Documents to incorporate public transportation and conversion of unused common areas to commercial uses.

3.         The Elderly

Age in Place communities are options that allow residents to remain in the same community as their lives and needs change.  Introduction of additional services to existing communities with aging populations, such as nursing staff, preventative care, pharmacies, concierges, buses, etc. can meet the needs of many as can communities that are built with the intention that its residents can age in place.  Further, opportunities that allow seniors to downsize their home, but still remain within the same community, must be present in both Association documents and municipal regulations.

4.         Multigenerational housing

Multgenerational housing incorporates the needs of aging populations who wish to age in place as well as the needs of younger generations.  Examples of such trends include new construction intended to house more than one family, such as Lennar’s NextGen, amendment to existing covenants and restrictions to allow in-law apartments as additions or free-standing structures on the same lot, and encouragement of purchases of two residences by one family in the community (one single family home for kids and grand-kids and one condominium unit for the grandparents.)

5.         Co-housing

Community Associations are also changing to include alternatives to traditional condominium or subdivision living.  Developers are modifying existing housing stock or constructing  new housing with shared facilities including common kitchens, gardens, and recreational facilities.  Additional covenants, by which residents of these new types of associations must abide, address concerns and issues faced by such homeowners.  For purposes of comparison to a condominium or homeowner’s association, see the Governing Documents of Westwood Co-Housing, a North Carolina community association.