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(c) Declarant intends that the Community comply with the Requirements for Exemption. Therefore, (i) at least one Resident in each occupied Residence must be 55 or older, except as provided below; (ii) the Board is directed to publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons 55 or older; and (iii) the Board is directed to comply with HUD rules for verification of occupancy. (d) HUD rules applicable to HOPA contemplate that up to twenty percent (20 %) of the occupied units in a community may be occupied by persons under the age of 55 without loss of the exemption and that the eighty percent (80 %) requirement does not apply until twenty -five percent (25 %) of the units are occupied. Accordingly, upon application by an Owner or Purchaser, the Board shall have the right and option, in the Board's sole and absolute discretion, to allow a Residence to be occupied by persons under the age of 55 provided that the Board takes appropriate action to comply with the Requirements for Exemption. The Board shall exercise its discretion based upon criteria determined by the Board, which shall include (by way of illustration and not limitation) information then known to the Board concerning potential or pending changes in occupancy of other Residences and the ages of any Occupants likely to remain in such Residences, proximity to the age of 55 of Occupants of other Residences who are then under the age of 55, and any other information known to and deemed relevant by the Board in its sole and absolute discretion. The Board shall have the right and power to establish rules and regulations to the extent necessary or convenient to comply with the Requirements for Exemption. (e) Each time a Residence in the Community is sold, as a condition to such sale, the Owner shall be required to provide to the Board a certification signed by a member of the household over the age of 18 asserting that at least one member of that household is 55 years of age or older. Such certification shall be accompanied by a copy of either a driver's license, birth certificate, passport, immigration card, military identification, or any other state, local, national, or international official document containing a birth date of at least one of the persons 55 years of age or older who will be a Resident. (f) In addition to certifications obtained at the time of any sale of a Residence, at least once every two (2) years, an Owner or Occupant of each occupied Residence shall be required to respond to a survey undertaken by the Board for the purpose of confirming that at least one Resident in each occupied Residence is 55 years of age or older. The Board shall maintain documentary evidence of each such survey and a summary of the occupancy surveys shall be available for inspection upon reasonable notice and request by any person. In the event that no timely response to any occupancy survey is received by the Board from an Owner or other Occupant of a Residence, the Board may impose a monetary fine pursuant to Section 13.1 hereafter. (g) Page 16 of 69 201503252