The Legal Foundation: How Age Restrictions Are Permissible
The federal Fair Housing Act (FHA) prohibits discrimination based on familial status, but it includes an exemption for senior housing under the Housing for Older Persons Act (HOPA) of 1995. This exemption allows age-restricted communities, such as those for residents 55 and older, to legally operate. Florida law aligns with these federal guidelines.
The All-Important HOPA Requirements
To be considered legal housing for older persons, a community must meet these criteria:
- At least 80% of occupied units must have at least one resident who is 55 or older.
- The community must demonstrate an intent to house seniors through its policies.
- The community must verify residents' ages according to HUD rules, usually every two years.
The 80/20 Rule: A Common Point of Confusion
The HOPA 80% occupancy rule is often misunderstood. It means 80% must meet the age requirement, allowing flexibility for the remaining 20% in specific situations, but not automatically permitting younger residents. Exceptions might include a younger surviving spouse or residents who lived in the community before the age restriction was in place (grandfathered). Community bylaws govern who else may occupy the remaining units.
Typical Rules for Younger Residents in 55+ Communities
Community rules regarding younger residents and visitors can be complex and vary by HOA or condominium association.
- Younger spouses or partners of qualifying residents are often allowed, sometimes with their own minimum age requirement (e.g., 40 or 50).
- Adult children over 18 may be permitted to live with a qualifying parent under specific conditions.
- Children under 18 generally cannot reside full-time but are allowed for temporary visits, typically with time limits (e.g., 15–30 days per year).
Can a Younger Person Own a Property?
A person under 55 can own property in a 55+ community, but the age restriction applies to who can reside there, not ownership. A younger owner could purchase for a qualified resident (like a parent) or as an investment, following community rental policies.
Comparison: 55+ Communities vs. Other Housing Options in Florida
Here’s a comparison of housing types in Florida:
| Feature | 55+ Active Adult Community | Independent Living | Assisted Living |
|---|---|---|---|
| Age Requirement | At least one occupant 55+ (80% of units). | Usually 65+. | Varies, based on care needs. |
| Services Provided | Limited services, focuses on exterior maintenance and common areas. | Can include meals, housekeeping, transportation. | Personal care, medication management, daily assistance. |
| Amenities | Active lifestyle: golf, pools, clubhouses, fitness. | Similar amenities, more communal focus. | Fewer amenities, tailored to resident needs. |
| Cost | Mortgage + HOA fees (variable). | Often all-inclusive monthly rent, possible entry fee. | Higher monthly costs due to personalized care. |
Considerations Before Moving to a 55+ Community
Evaluate these points before choosing a 55+ community:
- HOA Fees and Rules: Be aware of potentially high fees and strict rules.
- Lifestyle: The quiet environment suits many, but some may find the lack of age diversity limiting.
- Resale: The limited buyer pool might make selling a property more challenging.
- Review Documents: Always read the community's CC&Rs and bylaws before purchasing to understand the rules.
For more information, consult the federal regulations on housing for older persons.
Conclusion
Yes, 55+ communities are legal in Florida under the federal HOPA exemption to the Fair Housing Act. They provide a specific lifestyle for older adults, but prospective residents must understand the legal requirements, community rules, and financial aspects. Researching community bylaws and confirming HOPA compliance is essential.
