Can I Buy a Home in The Villages Under 55? A Guide to Residency and Ownership
The Villages is a well-known active adult community, but its age restrictions can be confusing for prospective buyers under 55. While the rules are strict, there are specific circumstances and federal exemptions that may allow someone under the age of 55 to buy property or even reside in the community. The key is understanding the distinction between ownership and occupancy and how the federal Housing for Older Persons Act (HOPA) and local HOA rules interact.
HOPA and the 80/20 Rule
The federal Housing for Older Persons Act (HOPA) allows communities to legally enforce age restrictions. To qualify as "housing for older persons," a community must meet criteria including the "80/20 Rule". This rule requires that at least 80% of occupied units have one resident aged 55 or older, leaving a potential 20% buffer, although communities are not obligated to use this exception. Communities must also demonstrate intent to house older persons and comply with HUD verification rules. The Villages, operating under this framework, can limit occupancy by age, and many such communities maintain stricter policies than the federal minimum. Some states have even more stringent rules, but federal law often overrides ownership restrictions.
Ownership vs. Residency
A critical distinction for younger buyers is that owning a property is often permitted for any age, while residency is age-restricted. This means you can typically purchase a home in a 55+ community, but you may not be allowed to live there yourself unless you meet the occupancy requirements. If you buy a home for a parent, they must be the one who qualifies by age and resides there. Always check the specific HOA rules, as many prohibit renting to individuals who do not meet the age criteria.
Potential Paths to Residency for Those Under 55
While rules vary, some common exceptions exist:
- Spousal exemption: A younger spouse can typically live with a 55+ resident, though minimum age requirements for the spouse vary (sometimes 40+).
- Co-residency with an older adult: An adult child (usually over 18) may live with a qualifying parent, depending on community rules.
- Caregiving situations: Some rules allow a younger relative to be a live-in caregiver for a 55+ resident.
- Inheritance: Inheriting a property doesn't guarantee residency; community rules determine if the heir can live there or must sell.
- Community-specific exceptions: Some communities may have unique exceptions or lower minimum ages, particularly if they are near the HOPA 20% non-55 resident limit.
Comparison of Age-Restricted Community Scenarios
| Scenario | Is it Legal? | Typical HOPA/Community Rule | What to Check Before Buying | Potential Outcome |
|---|---|---|---|---|
| Buying for a parent | Yes | Any age can own property. | Does the parent meet the occupancy age? | Parent can live there, but you cannot permanently reside. |
| Under-55 buyer with 55+ spouse | Yes (often) | One resident must be 55+. Lower minimum age for spouse (e.g., 40+) is common. | Is the younger spouse's minimum age met? Does the community allow younger spouses? | Younger spouse can live there, but check specific HOA bylaws. |
| Under-55 buyer with no 55+ residents | No | 80/20 rule allows some wiggle room, but most HOAs require strict adherence. | Does the HOA have specific policies for this scenario? (Unlikely) | Purchase may be possible, but occupancy will be denied. Property must be rented or resold to a qualifying party. |
| Under-55 inheriting a property | Depends | HOPA rules don't protect underage heirs. | Does the HOA have an inheritance policy? | Heir may be forced to sell or rent to a qualifying resident. |
| Under-55 resident for caregiving | Depends | May be permitted as a specific exception. | Does the HOA offer caregiver exceptions? | Residency may be temporary and contingent on the senior's health. |
Conclusion: Navigating Age Restrictions
While buying a property in an age-restricted community like The Villages is often possible for someone under 55, permanent residency is typically restricted. Federal HOPA rules provide a framework, but individual community HOAs can enforce stricter policies that determine who can reside there. The most common way for a younger individual to live in such a community is as a co-resident with a qualifying older adult, like a spouse or parent. Thoroughly researching the specific community's CC&Rs and consulting with real estate professionals and the HOA before purchasing is essential to understand the rules and avoid potential issues, including being required to sell the property.
Frequently Asked Questions
Can someone under 55 buy a property in a 55+ community and use it as a vacation home?
While you can legally own the property, you might face restrictions on your personal use. The community's rules may limit how many days a non-qualifying owner can stay per year and prohibit you from renting it out to other younger individuals. Always check the HOA's specific policies on non-resident ownership and usage.
What happens if the 55+ resident in my household passes away?
This depends entirely on the community's bylaws and how it manages the HOPA 20% exception pool. While some communities may allow the younger resident to remain, they are not legally required to do so. The surviving, non-qualifying resident could be forced to sell the property if the community's policies and current occupancy rates don't permit them to stay.
Does the 80/20 rule mean 20% of homes are automatically available for under-55 residents?
No. The 80/20 rule is a federal minimum for maintaining HOPA exemption, not a target. A community can, and many do, enforce a stricter policy, often requiring 100% of residences to have at least one 55+ resident. The 20% is a buffer for communities to use at their discretion, not an entitlement for younger residents.
Can my children or grandchildren under 18 live with me in a 55+ community?
No, children and grandchildren under 18 are almost never permitted to live permanently in a 55+ community. Most communities have specific rules regarding how long minors can visit, which can range from two weeks to a few months per year. Full-time residency is prohibited to preserve the adult-oriented environment.
If I am almost 55, can I get an exception to move in early?
It is possible, but it is not guaranteed. Some communities may grant exceptions for individuals who are very close to the minimum age, but this is entirely at the discretion of the homeowners association. You must confirm this with the community directly and in writing.
Is it easier to buy in a 55+ community that is struggling to sell its homes?
It is possible. If a community's occupancy falls below the 80% threshold required by HOPA, they may become more flexible with their age restrictions to attract more buyers. However, this is not a guarantee and can be a temporary situation. Always verify the current community rules before making assumptions.
Can I be added to a mortgage for a 55+ property if I'm under 55?
Yes, being on the mortgage is not the same as being a resident. Lenders care about financial qualifications, not residency rules. As long as the primary resident is 55 or older and qualifies under the HOA's occupancy rules, you can typically be on the mortgage for financial purposes without being considered a resident.
