Understanding the Housing for Older Persons Act (HOPA)
The ability for an adult child to reside in a 55+ community is primarily governed by the federal Housing for Older Persons Act (HOPA) of 1995 [2]. This law allows age-restricted communities as an exception to the Fair Housing Act [1]. To qualify as housing for older persons, a community must meet specific criteria:
- At least 80% of occupied units must have one resident who is 55 or older [2].
- The community must demonstrate an intent to provide housing for persons 55 or older through its policies [2].
- The community must verify residents' ages according to HUD rules [2].
While HOPA permits age-restricted communities, it does not dictate specific residency rules for everyone. The 80/20 rule allows some flexibility, but the community's homeowners' association (HOA) ultimately sets its own rules for residents under 55, which can be stricter than the federal minimum [2].
Community-Specific Rules and the Role of the HOA
Each 55+ community has its own specific covenants, conditions, and restrictions (CC&Rs) that dictate residency rules, which are legally binding documents [1]. The HOA is responsible for enforcing these rules, and they vary significantly between communities.
- Some communities may allow an adult child (typically over 18) to live with a qualifying parent if the community has not reached its limit for residents under 55 [1].
- Others may require all residents to be 55+ with limited exceptions [1].
- A few might set a minimum age for younger residents, like 40, to maintain the community's age demographic [1].
It is crucial to review your community's CC&Rs and consult with the HOA before making any decisions, rather than relying solely on verbal information [1].
Common Exceptions for Adult Children
Many communities include specific exceptions to the age rule, often for compassionate reasons [1].
Caregiver Exception
Many communities allow an adult child to live with their parent to provide necessary care. This often requires documentation from a physician verifying the parent's need for in-home care from their adult child [1].
Surviving Resident Exception
If the qualifying 55+ parent passes away, the younger adult child's ability to remain in the home depends entirely on the community’s CC&Rs and policies. Some communities may permit the child to stay, counting them toward the 20% flexibility margin, but this is not guaranteed, and the child may be required to sell the home [1]. This is an important consideration for estate planning [1].
Comparison of Residency Scenarios
| Scenario | Common Rule | What to Expect |
|---|---|---|
| Qualifying Resident + Spouse < 55 | Younger spouse can reside in most communities. | Typically allowed, provided one resident is 55+. Younger spouse often counts toward 20% limit. [1] |
| Qualifying Resident + Adult Child | Varies widely based on HOA rules. | Could be allowed, especially if providing care. Check CC&Rs carefully. [1] |
| Qualifying Resident + Minor Grandchild | Generally not allowed for permanent residency. | Minor children can visit but not live in the community permanently. Strict limits on visit duration. [1] |
| Surviving Younger Adult Child | At the discretion of the HOA and CC&Rs. | May be allowed, but not guaranteed. Check community rules and plan for contingencies. [1] |
| Adult Child + Caregiver Role | Common exception with medical documentation. | Often permitted with official verification. This is a primary exception communities make. [1] |
Addressing the Financial and Emotional Implications
An adult child moving in impacts both generations financially and emotionally. While it can bring peace of mind, it may also mean a loss of independence. For the child, moving back can be challenging [1]. Homeowners should consider increased HOA fees and utility costs [1]. Seeking legal and financial advice is recommended for estate planning and understanding community rules [1]. For information on fair housing, consult resources from the U.S. Department of Housing and Urban Development (HUD) [1].
Conclusion
The question of whether an adult child can live in a 55+ community is complex and depends on the specific community [1]. Federal law provides the framework, but community CC&Rs hold the key [1]. Exceptions for caregivers are common but not automatic [1]. Thorough research of community regulations and consultation with the HOA are essential for an informed decision that respects community guidelines [1].
