Understanding the Federal Framework: HOPA and the 80/20 Rule
The Housing for Older Persons Act (HOPA) allows 55 and over communities to impose age restrictions by exempting them from certain Fair Housing Act provisions [2]. To qualify for this exemption, communities must meet specific criteria, including that at least 80% of occupied units have one resident aged 55 or older, having policies demonstrating intent to house seniors, and complying with HUD's age verification rules [2, 3]. The 80/20 rule allows up to 20% of units to be occupied by younger residents, but communities can enforce stricter limits [2]. This means the 20% is not a guaranteed right for younger inheritors [2].
The Critical Role of Community Documents
The most important resource for understanding if a son can remain in a 55+ community after a parent's death are the community's governing documents, specifically the Covenants, Conditions, and Restrictions (CC&Rs) and HOA bylaws [1].
What to Look For in the CC&Rs
These documents outline the rules, including age restrictions and potential exceptions [1]. Key areas to examine include clauses on inheritance, occupancy rules for non-qualified family members, potential mandatory sale clauses requiring the property to be sold to an age-qualified buyer, and provisions for caregivers (which usually end upon the resident's death) [1].
Factors Influencing a Son's Eligibility to Remain
Several factors determine if a son can stay after a parent's passing [1]. These include the community's current occupancy level of non-qualified residents (if they've met the 20% limit, staying is unlikely), specific state and local laws which can impact inheritance rules, and whether the son has a disability, as some rules make exceptions for disabled adult children [1]. If the son was already an approved resident while the parent was alive, the CC&Rs dictate if this residency can continue [1].
Comparison of Potential Inheritance Outcomes
| Feature | Son Allowed to Remain (Exception Made) | Son Not Allowed to Remain (Standard Rule) |
|---|---|---|
| Residency | Continues living in the home as an owner or approved resident. | Must vacate the property, even if they inherit ownership. |
| Property Ownership | Retains ownership, sometimes with specific conditions. | Retains ownership but is forced to sell or rent it out. |
| Financial Outcome | Continues to pay HOA fees and maintenance costs. | Sells the property and inherits the proceeds, or rents it out for income. |
| Legal Complexity | May require formal application or agreement with the HOA. | Involves probate and real estate transactions, potentially forcing a quick sale. |
| Community Lifestyle | Integrates into the community, but may face specific limitations. | Leaves the community, losing familiar surroundings and support network. |
Taking Action: A Procedural Roadmap
Understanding federal regulations like HOPA is crucial [see more at the National Fair Housing Alliance] [1]. To determine eligibility, locate and thoroughly review the community's CC&Rs and bylaws [1]. Next, contact the HOA or property manager to ask specific questions about inherited property and non-qualified occupants [1]. Consulting an estate planning attorney is highly recommended to interpret documents, understand state laws, and navigate the probate process [1]. It is also wise to research state and local laws for potential exceptions [1]. Finally, evaluate all options, considering the emotional and financial implications of selling versus attempting to remain, if permitted [1].
Conclusion
Navigating age-restricted community rules after a parent's death adds complexity to an already difficult time. Whether a son can remain is not a simple yes or no, but is determined by the community's specific CC&Rs, federal HOPA regulations, and state laws [1]. The most effective approach involves reviewing all community documents, communicating with the HOA, and seeking legal advice to understand available options and obligations [1].
