Understanding Age Restrictions in 55+ Communities
Century Village is a well-known example of an age-restricted community, operating under the federal Housing for Older Persons Act (HOPA). This law allows communities to enforce age requirements for residents without violating fair housing laws, provided they meet specific criteria. Crucially, HOPA requires that at least 80% of the occupied units be home to at least one person aged 55 or older. This legal framework is the foundation for the age rules that restrict the permanent residency of children.
The General Rule: No Permanent Residency for Minors
For the vast majority of residents, the rule is straightforward: permanent residency is not allowed for anyone under the age of 18. In some Century Village locations and specific associations, the minimum age for full-time occupancy can be 19. These rules are designed to preserve the quiet, adult-oriented atmosphere that defines these communities. Enforcement is typically handled by the individual homeowners' association (HOA) within each village.
Detailed Policies on Guests and Visitors
While permanent residency is off-limits, children and grandchildren can visit residents for a limited time. The exact length of permitted stay can differ significantly between associations.
- Typical Visiting Periods: Many associations restrict guest stays to a maximum of 30 cumulative days per year.
- Longer Visits: Some specific associations may allow for slightly longer stays during holidays or school breaks, but this is not guaranteed.
- Supervision: Minors visiting often have additional rules, such as being supervised by an adult resident when using community amenities like pools or the clubhouse.
Failing to follow these guest policies can lead to fines or other penalties enforced by the HOA. It's important for residents to consult their specific association's bylaws for precise details on guest duration and facility use.
Rare Exceptions for Permanent Residency
Although highly restricted, there are a few rare exceptions where a minor may be granted permanent residency. These cases are usually limited and require extensive documentation and approval from the community's HOA and legal counsel.
- Legal Guardianship: If a grandparent becomes the legal guardian of a minor child, for instance, due to the death or incapacitation of the parents, a formal request may be made to the association. This is not an automatic right and is evaluated on a case-by-case basis.
- Caregiver for a Disabled Resident: In some scenarios, a minor family member may be approved to live in the home as a necessary caregiver for a disabled resident. This requires robust medical documentation confirming the need for a live-in assistant and is also subject to HOA approval.
Residency vs. Ownership: A Key Distinction
It is important to understand that ownership and residency are two separate issues in a 55+ community. A younger person can own a unit in Century Village, but they cannot legally reside there if they do not meet the age requirements. This scenario is most common when a property is inherited by a child or grandchild. If the heir is below the minimum age, they must either sell the property or rent it out to an age-qualified individual who meets the association's screening criteria. The bylaws often contain specific clauses governing these inheritance situations to protect the community's HOPA status.
The Impact of Varying Rules by Location
Century Village is not a single entity but a collection of distinct communities, each with its own specific homeowners' associations and rules. For example, the rules in Century Village at Pembroke Pines may differ from those in Century Village East at Deerfield Beach. Even within a single location, different associations (representing individual buildings or neighborhoods) may have slight variations in their bylaws regarding guest policies and exceptions.
Before making any assumptions, potential residents should:
- Request a copy of the specific association's covenants, conditions, and restrictions (CC&Rs).
- Work with a real estate agent specializing in 55+ communities.
- Consult legal counsel familiar with Florida housing law if navigating an exception.
Understanding Resident Responsibilities
Residents play a key role in maintaining the community's age-restricted status. This includes providing necessary documentation, such as proof of age, and informing guests of the rules. Associations are legally obligated to enforce these rules to avoid losing their HOPA designation, which would expose them to fair housing complaints. Compliance ensures that the community remains a sanctuary for active adults seeking a quieter lifestyle.
Comparison of Permanent Residency vs. Temporary Visits
| Feature | Permanent Residency (Prohibited) | Temporary Visits (Permitted, with limits) |
|---|---|---|
| Age of Child | Under 18 (or 19, varies) | Under 18 (or 19, varies) |
| Stay Duration | Continuous, long-term | Short-term (e.g., 30 days/year) |
| Documentation | Approval requires extensive legal and medical forms (Rarely approved) | Not applicable, guests just follow rules |
| HOA Approval | Requires special board approval (Very rare) | Not required, but rules must be followed |
| Amenity Access | Full access (Not applicable as children are not residents) | Restricted use, requires adult supervision |
Conclusion: The Clear Answer
The simple and definitive answer to "Can children live in Century Village?" is no, for permanent residency. Century Village is a dedicated 55+ community, and its operational rules are explicitly designed to create an environment free from the presence of permanent minor residents. While guests are welcome for short, limited visits, anyone considering moving in with a minor child should be aware that the community's purpose is to cater to an older, active adult demographic. Prospective residents should always consult the specific bylaws of the association they are considering to understand the full scope of the rules. For more detailed information on age-restricted housing laws, you can review resources like the U.S. Department of Housing and Urban Development (HUD) guidelines for HOPA.
What to do if you need to care for a minor
For those facing difficult circumstances that might require a minor to live with them, the path forward is challenging but not impossible. It is essential to start by reviewing your specific association's bylaws and then discussing the situation with the HOA board. Seeking legal advice from a real estate attorney with experience in age-restricted communities is highly recommended. This proactive approach will ensure that any requests are made correctly and with the necessary documentation to support the special circumstances involved.
