Can I live in a 55- and older community? Here’s what you need to know.

According to the U.S. Census Bureau, the population of older adults continues to grow, and so does the popularity of age-restricted communities. For those nearing retirement or simply looking for a change of pace, the question, “Can I live in a 55- and older community?” often arises, bringing up important considerations about age restrictions, legal exceptions, and what living in these communities really entails.

Quick Summary

It is possible for someone younger than 55 to live in an age-restricted community under certain legal exceptions, such as with a qualifying older spouse, or through specific allowances under the federal Housing for Older Persons Act (HOPA). Rules vary significantly between communities, so it's essential to check the specific guidelines.

Key Points

• HOPA Exceptions: It is legally possible for people younger than 55 to reside in a 55+ community, but only under specific circumstances defined by the Housing for Older Persons Act (HOPA) and community guidelines.

• The 80/20 Rule: Federal law requires at least 80% of occupied units to have one resident aged 55 or older, leaving a 20% buffer that may allow some flexibility.

• Spousal and Partner Flexibility: Most communities permit a younger spouse or partner to live with a qualifying 55+ resident, though some may impose a minimum age on the younger individual.

• Specific Community Rules: Every 55+ community has its own set of rules and CC&Rs, which can dictate everything from visitor policies for grandchildren to residency for adult children.

• Lifestyle Considerations: A younger resident should consider if the age-restricted, amenity-focused lifestyle of a 55+ community aligns with their social and personal preferences.

• Verification is Key: Before making any decisions, it is crucial to contact the specific community's homeowners association (HOA) to understand their exact rules and confirm your eligibility.

Understanding the Fundamentals of 55+ Communities

Active adult, or 55+ communities, are residential developments specifically designed for people aged 55 and older. They offer a low-maintenance, amenity-rich lifestyle centered around social activities and independent living. These communities have age restrictions protected by federal and state laws.

The Legal Framework: HOPA and the 80/20 Rule

The Housing for Older Persons Act (HOPA) of 1995 allows these communities to enforce age restrictions as an exception to the Fair Housing Act. To be HOPA-exempt, a community must meet three criteria:

• At least 80% of occupied units must have at least one resident 55 or older.
• The community must demonstrate intent to house older persons with published policies.
• The community must verify residents' ages.

This framework allows for a percentage of residents to be younger, though the 80/20 rule is a minimum.

Common Exceptions to the Age Requirement

Younger individuals may reside in 55+ communities under exceptions such as:

• Under-55 Spouses or Partners: Often allowed if one person in the household is age-qualified, though some communities may have a minimum age for the younger partner.
• Adult Children: Some communities permit adult children over a certain age, usually 18, to live with a qualifying parent. Shorter visits by younger children are generally permitted.
• Heirs: A younger heir may own a property but not be able to live in it, depending on the community's rules.
• Caregivers: A younger, full-time caregiver for a 55+ resident may be allowed, subject to community regulations.

Important Considerations for Younger Residents

Younger individuals considering living in a 55+ community should be aware of factors beyond age rules.

Community Culture and Expectations

The lifestyle is geared towards active adults, which may result in less age diversity than a traditional neighborhood.

The Impact of Community Rules

Homeowners Associations (HOAs) in these communities often have strict rules covering various aspects of living there. Reading the Covenants, Conditions, and Restrictions (CC&Rs) is crucial, as violations can lead to fines.

Table: Comparison of 55+ Communities vs. Traditional Neighborhoods

Feature	55+ Community	Traditional Neighborhood
Age Diversity	Limited; focused on residents 55+	Wide range of ages
Amenities	Geared toward older adults	Varies greatly
Maintenance	Often handled by HOA	Homeowners are typically responsible
Social Life	Organized, community-centric	Spontaneous, mixed ages
Noise Level	Generally quieter	Varies widely
Rules and Oversight	Strict HOA rules	Varies by location
On-Site Care	Independent living; generally no medical care	No on-site care

Finding a Community That Fits Your Needs

To determine eligibility, directly contact the community as rules and flexibility vary. Be transparent about your household and ask specific questions. Resources like 55places.com or a real estate agent specializing in active adult living can help.

What if You Do Not Qualify?

Alternative housing options offering some similar benefits include:

• Independent Living Communities: Often for ages 62+, offering amenities but still independent living.
• Co-Housing or Intergenerational Communities: Designed for a mix of ages with a strong sense of community.
• HOA-Regulated Communities: Traditional neighborhoods with HOAs managing amenities and maintenance, without age limits.

Conclusion: The Right Fit for Your Situation

While primarily for those 55 and older, living in such a community is possible for younger individuals under specific HOPA exceptions or with a qualifying spouse. Thorough research, understanding the CC&Rs, and considering the lifestyle are essential steps to making an informed decision about whether a 55+ community is right for you.

Visit the HUD website to learn more about the Housing for Older Persons Act (HOPA).

Frequently Asked Questions

Can a younger spouse live with their 55+ partner?

Yes, in most cases, a spouse or partner who does not meet the 55+ age requirement can live with their qualifying partner. Some communities may have a lower minimum age for the younger partner, but it is a common exception.

Is there a limit on how long my grandchildren can visit?

Most 55+ communities have rules regarding guest visits, especially for minors. While visits are typically allowed, there may be limits on the duration of a stay, such as a few weeks or a month. Always check the specific community's guest policies.

Can an adult child live with their parent in a 55+ community?

Yes, some communities allow adult children, typically over 18, to live with a qualifying 55+ parent. These individuals would be counted in the 20% of units that can have younger residents under the HOPA guidelines.

What is the 80/20 Rule for 55+ communities?

The 80/20 Rule is a federal regulation stating that at least 80% of a community's occupied units must have at least one resident who is 55 or older. The remaining 20% can have younger residents, though this is not a guarantee that they will be admitted.

Can I buy a home in a 55+ community even if I can't live there?

Yes, a person under 55 can sometimes own a property in an age-restricted community, such as through inheritance. However, their ability to reside in the home is still subject to the community's specific occupancy rules.

What happens if the qualifying 55+ resident moves out or passes away?

The rules for this situation vary by community. In some cases, a younger spouse or heir may be able to stay, especially if they are over a minimum age, but often, the home must be sold. It's important to clarify this with the HOA beforehand.

Are 55+ communities the same as assisted living?

No, they are different. 55+ communities are for independent, active adults and do not provide medical care. Assisted living communities offer on-site medical care and assistance with daily activities, and they often have a different age requirement.