Can I live with my parents in a 55+ community? Your Guide to Age Restrictions

Oct 24, 2025 5 min read •

Senior Living family caregiving Housing

According to the Housing for Older Persons Act (HOPA) of 1995, age-restricted communities are legally permitted, but the specific rules can vary widely. This variation leads many to ask, "Can I live with my parents in a 55+ community?" The answer is often yes, under specific conditions, and requires careful research.

Quick Summary

Adult children can potentially live with their parents in a 55+ community, though eligibility is determined by the community's specific covenants and compliance with federal law. Common exceptions often exist for adult children, spouses, and caregivers, but long-term residency for minors is typically prohibited.

Key Points

HOPA Rules: Federal law, specifically the Housing for Older Persons Act (HOPA), permits age restrictions in 55+ communities, but includes provisions that allow some exceptions.
80/20 Flexibility: Communities must have at least 80% of occupied units with one resident aged 55 or older, leaving a potential 20% flexibility for younger residents, though this is not mandatory for the community.
Community Documents are Key: The specific rules regarding younger family members are detailed in the community's Covenants, Conditions, and Restrictions (CC&Rs) and are enforced by the Homeowners Association (HOA).
Adult Children Exceptions: Many 55+ communities make exceptions for adult children (typically 18+) to live with their parents, particularly if they are providing care or support.
No Minors Allowed (Generally): Long-term or permanent residency for individuals under 18 is almost always prohibited, though visits for limited durations are usually allowed.
Verification is Crucial: Always confirm the occupancy rules in writing with the specific community's HOA before making any decisions to avoid future complications.
Caregiver Exceptions: In some cases, a younger adult acting as a caregiver to a 55+ resident can be granted an exception to reside in the community.

Understanding the Housing for Older Persons Act (HOPA)

To understand if you can reside with your parents in an age-restricted community, you must first grasp the federal law that governs them. The Housing for Older Persons Act (HOPA) of 1995 amended the Fair Housing Act, providing an exemption for housing designed for older persons. This allows communities to legally enforce age-based restrictions while being protected from familial status discrimination claims.

The HOPA 80/20 Rule

The cornerstone of HOPA is the "80/20 Rule." To qualify for the exemption, a community must demonstrate its intent to provide housing for persons 55 or older and meet three criteria:

At least 80% of its occupied units must have at least one occupant who is 55 or older.
The community must publish and follow policies that demonstrate its intent to be 55+ housing.
The community must comply with rules established by the U.S. Department of Housing and Urban Development (HUD) for verifying residents' ages.

The remaining 20% of units can be occupied by younger residents, but this is a minimum requirement, not a maximum. Many communities strive for a higher percentage of 55+ residents and are not obligated to reserve the 20% for younger occupants. Therefore, the ability to live there as a younger adult is at the discretion of the community's board and its specific rules.

Community-Specific Rules and Regulations

While federal law provides the framework, the actual rules dictating who can live in a specific 55+ community are found in its governing documents, such as the Covenants, Conditions, and Restrictions (CC&Rs) and the Homeowners Association (HOA) bylaws. These documents outline the specific exceptions and limitations.

Common Exceptions for Younger Residents

Most communities recognize that families have diverse needs and make provisions for younger household members. Common exceptions include:

Spouses or Partners: A younger spouse or partner of the qualifying 55+ resident can typically live in the community. Some communities may set a minimum age for the younger partner, such as 40.
Adult Children: Many communities allow adult children (generally 18 or older) to reside with their parents. The rules can be specific, often requiring the adult child to be a caregiver or to have been living with the parents prior to the move.
Live-in Caregivers: Non-family caregivers under the age of 55 may also be permitted to live in the home if they are providing necessary support to the senior resident.

Restrictions on Minors

It is crucial to understand that even with exceptions for younger adults, most 55+ communities strictly prohibit full-time residency for minors under the age of 18. This is a core aspect of maintaining the community's age-restricted character. While grandchildren and other young relatives can typically visit for short periods, often with defined time limits (e.g., a few weeks), long-term or permanent stays are not allowed.

Steps to Verify Occupancy Rules

Before you make any assumptions, you must perform due diligence to confirm the rules of your desired community. Here’s a step-by-step process:

Request Governing Documents: Obtain a copy of the community's CC&Rs and HOA bylaws. This is the only way to know the specific regulations.
Contact the HOA: Speak directly with the Homeowners Association board or property management. They can provide clarification on their interpretation and enforcement of the rules, and tell you if they currently have room for any younger residents under the 20% exception.
Consult with a Real Estate Agent: A real estate agent specializing in 55+ communities can offer valuable insight and help you navigate the process, as they are often familiar with the rules of local communities.
Get it in Writing: Never rely on a verbal agreement. Ensure any exceptions or approvals are documented in writing by the community management.

The Unexpected: What Happens if a Senior Resident Passes Away?

A difficult but necessary consideration is what happens if the qualifying 55+ resident passes away. In many cases, a younger adult living in the home may not be able to stay. Some communities may allow a "grandfathered" resident to remain, but it is not guaranteed. Heirs who inherit a property in a 55+ community may not have the right to occupy it if they are under the age restriction and could be required to sell the home. These rules should be clearly outlined in the community's CC&Rs.

Comparing Multigenerational Living Options

For families considering multigenerational housing, a 55+ community is just one option. It's helpful to compare different types of housing to find the best fit for your family's needs.


Feature	55+ Community	Standard Family Community
Age Restrictions	At least 80% of units must have one resident 55+. Strict rules on permanent residency for minors.	No age restrictions. Can be occupied by families of all ages.
Amenities	Often designed for active seniors, with amenities like clubhouses, fitness centers, golf courses, and social events.	Amenities cater to a broad demographic, with playgrounds, swimming pools, and access to schools.
Cost	Can vary widely, but often includes HOA fees for maintenance and amenities.	Varies by location and property. HOA fees might cover different services.
Caregivers	Specific exceptions are often made for live-in caregivers.	No specific provisions for live-in caregivers, but no restrictions.
Community Feel	Focused on creating a quiet, social environment for people in a similar life stage.	Diverse mix of ages and lifestyles, with more activity from families and children.

Conclusion: Making the Right Decision for Your Family

Deciding if you can live with your parents in a 55+ community is a complex process with no single answer. It requires careful navigation of federal law, local CC&Rs, and the specific policies of the community in question. While HOPA allows for exceptions, especially for adult children and caregivers, these are not guaranteed. The best approach is to start by researching the community's rules and communicating with the HOA to ensure your plans align with their regulations. This proactive approach will help ensure a smooth transition and a positive living experience for everyone involved.

It is highly recommended to consult official resources, such as the U.S. Department of Housing and Urban Development (HUD), for detailed information on federal housing laws governing age-restricted communities. You can find helpful guidance on their website here.

Frequently Asked Questions

Yes, it is often possible, especially for adult children over 18. However, it is not a guarantee and depends on the specific community's governing documents (CC&Rs) and its interpretation of federal law, which allows for exceptions.

The '80/20 Rule,' established by HOPA, states that at least 80% of a community's occupied units must have one resident who is 55 or older. This allows for up to 20% of units to have younger occupants, but communities are not required to fill this 20% with non-seniors.

Many 55+ communities make specific exceptions for live-in caregivers, including younger family members. These provisions are typically detailed in the community's governing documents, and you should verify them with the HOA.

In most cases, yes. As long as one partner in the household meets the 55+ age requirement, a younger spouse or partner is typically permitted to reside in the community. Always check the specific community rules, as some may have a minimum age for the younger partner.

No, minors under the age of 18 are generally prohibited from residing full-time in 55+ communities. While visits are usually allowed, they are often subject to specific time limits set by the HOA.

You should request and review the community's governing documents (CC&Rs and bylaws). It is also highly recommended to speak directly with the Homeowners Association and get any occupancy permissions in writing.

This is not guaranteed. A younger adult's ability to remain in the community after the 55+ resident's death depends entirely on the specific community's rules. In many cases, younger heirs may be required to sell the property.

References

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.