Federal Law vs. Florida's Community Policies
The ability of a Florida 55+ community to enforce age restrictions comes from a federal exemption to the Fair Housing Act (FHA), known as the Housing for Older Persons Act (HOPA). While the FHA prohibits discrimination based on familial status (having children), HOPA allows certain communities to legally limit occupancy to older residents. These communities must satisfy specific criteria to maintain their exemption. In Florida, individual communities then use these federal guidelines, along with state laws and their own governing documents, to craft their specific rules.
The 80/20 Rule: A Common Misconception
The most commonly misunderstood aspect of HOPA is the so-called "80/20 rule." This rule mandates that at least 80% of the occupied units in a community must have at least one resident who is 55 or older. Many people mistakenly believe this means that the remaining 20% of units must be open to younger individuals or families with children. This is incorrect. The 20% serves as a buffer to accommodate unique situations without jeopardizing the community's status, such as a younger spouse or a resident who turned 55 after moving in. A community is under no obligation to allow younger people in these remaining units; they can, and often do, impose more stringent age restrictions that apply to 100% of the households.
Can a Minor Live in a 55+ Community?
For a minor under the age of 18, the answer regarding permanent residency is a clear and definitive no. The legal foundation of 55+ communities is built upon the exclusion of permanent residents below a certain age, with the majority of communities setting the minimum at 18 or 19. This is a core part of the housing agreement, and violating it can have serious consequences, including fines or legal action from the homeowners' association (HOA).
- Enforcement: Enforcement is typically handled by the community's HOA. This body is responsible for verifying occupancy and ensuring compliance with the rules set forth in the community's Covenants, Conditions, and Restrictions (CC&Rs).
- Purpose: These restrictions are put in place to ensure the quiet, adult-focused atmosphere that residents sought out when they chose to live there. The intent is to create a community with shared interests and life stages, free from the noise and activity often associated with households with children.
Florida's Stance and Specific Community Variations
While federal law provides the framework, Florida state law and individual communities define the specifics. A Florida 55+ community's CC&Rs will contain the exact language governing age restrictions, and these documents always take precedence. Before buying or renting in such a community, prospective residents should always review these documents thoroughly. A Florida-based real estate attorney can also help interpret these complex documents.
The Rules on Visitors and Grandchildren
One of the most frequently asked questions concerns visiting grandchildren. The good news is that children and grandchildren can visit, but the duration and frequency of these visits are always regulated by the community's specific visitor policies. Some common restrictions include:
- Limited stay duration: Many communities restrict visitors under 18 to a certain number of days per year, such as 15 or 30 days. Some might allow longer stays during school breaks, but this is less common.
- Supervision requirements: Minors are often required to be supervised by an adult resident when using community amenities like pools, tennis courts, or the clubhouse.
- Amenity restrictions: Certain areas, like fitness centers or hot tubs, might be completely off-limits to visitors under a certain age.
How Rules Can Differ Across Florida
Florida's diverse senior housing market means rules can vary significantly. Here is a comparison of two hypothetical communities to illustrate the differences:
| Feature | Strict Community (e.g., small, private) | Flexible Community (e.g., large, resort-style) |
|---|---|---|
| Permanent Residency (Minors) | Strictly prohibited. No exceptions. | Strictly prohibited. No exceptions. |
| Visitor Days (Annual) | Max 15 days per year per child. | Max 30-45 days per year; possibly longer during holidays. |
| Visitor Supervision | Required at all times when outside the home. | Required for all amenities; may be more lenient in general public areas. |
| Amenity Access | Children not permitted in the clubhouse, fitness center, or quiet pools. | Children welcome at designated family pools and outdoor parks; restricted from adult-only facilities. |
| Lease Restrictions | Prohibits renting to anyone who does not meet the 55+ age requirement. | May allow some leases to individuals over a certain age (e.g., 45), subject to the 80/20 rule. |
Conclusion
For those wondering, "Can a child live in a 55+ community in Florida?", the definitive answer for permanent residency is no. The legal framework provided by HOPA and enforced by community HOAs is designed to maintain an age-restricted environment. While temporary visits from children and grandchildren are allowed, they are always subject to specific community rules. The most crucial step for any prospective resident is to obtain and carefully read the governing documents for any community they are considering to understand the exact policies regarding younger occupants and visitors. Always verify the rules before making a purchase or move.
For additional federal guidance on the Housing for Older Persons Act, you can visit The Electronic Code of Federal Regulations (eCFR).
