Can someone under 55 buy in a 55+ community? Understanding the Rules

Oct 23, 2025 3 min read •

Senior Living Real Estate Housing

According to the federal Housing for Older Persons Act (HOPA), up to 20% of occupied homes in a 55+ community can be occupied by individuals younger than 55, provided at least one resident meets the age requirement. This flexibility means that while a community can't discriminate against families, there are specific circumstances under which a younger person can live with a qualifying senior, and in some areas, can someone under 55 buy in a 55+ community and not even live there.

Quick Summary

Federal law under HOPA allows for certain exemptions to age restrictions in 55+ communities, permitting individuals under 55 to live with a qualifying resident. Ownership rules vary, but recent rulings confirm age-based ownership restrictions are sometimes illegal. Community bylaws set specific occupancy details and may allow a percentage of units to have younger occupants.

Key Points

Ownership is distinct from occupancy: A younger person can often legally own a home in a 55+ community, but they cannot necessarily reside there full-time.
HOPA establishes federal guidelines: The Housing for Older Persons Act (HOPA) allows 55+ communities to exist, requiring 80% of occupied units to have at least one resident 55 or older.
Community bylaws set specific rules: Individual Homeowners Associations (HOAs) have discretion over the remaining 20% of units and can impose stricter age limits or prohibit younger residents entirely.
Exceptions for spouses and partners: Most communities allow a spouse or partner under 55 to live with a qualifying resident, sometimes with a specific minimum age like 40.
Caregivers and disabled adults are sometimes exceptions: A person providing necessary care or a disabled adult under 55 may be granted an exception to live with a qualifying senior.
Visitors are permitted, but with limits: Grandchildren and other younger guests are typically allowed for short-term stays, with community rules often setting time limits (e.g., 30-90 days per year).
Violation can lead to fines or forced sale: Failing to comply with age restrictions can result in fines from the HOA or legal action, potentially forcing a sale of the property.

Can someone under 55 buy in a 55+ community?

It is often possible for someone under 55 to buy a home in a 55+ community, but the ability to own is distinct from the ability to occupy. The federal Housing for Older Persons Act (HOPA) allows for age-restricted communities but primarily regulates occupancy, not ownership. State laws, community bylaws, and legal precedents significantly influence who can own and live in these communities.

The crucial distinction between ownership and occupancy

Ownership of a property in a 55+ community does not automatically grant the right to reside there. HOPA requires that at least 80% of occupied units have one resident aged 55 or older. A younger individual can often own a property, for instance, to provide a home for their qualifying senior parents.

Who can live in a 55+ community if they are under 55?

Exceptions for younger residents vary. Common allowances include spouses, partners (often with a minimum age), and caregivers residing with a qualifying resident. Some communities may also permit adult children (typically over 18) and disabled adults under 55 requiring residence with a senior, falling within the community's percentage allowance for younger residents.

The 80/20 rule: Federal guidance vs. community practice

HOPA's 80/20 rule requires that 80% of occupied units have at least one resident 55 or older. The remaining 20% allows for some flexibility for younger residents, but communities can establish stricter occupancy rules.


Federal Law vs. Community Bylaws	Feature	Federal HOPA Mandate	Typical Community Bylaws
Occupancy requirement	At least 80% of occupied units must have one resident 55+.	Can be stricter, requiring 90% or even 100% of units to be 55+. Can also set stricter limits on the age of additional occupants.
Ownership restrictions	HOPA does not restrict ownership by age.	Communities generally cannot restrict ownership by age, though state laws or legal challenges (like the 2024 NJ ruling) may clarify this.
Exceptions for younger residents	Allows for a 20% buffer, with one 55+ resident per household.	Often allows exceptions for spouses, partners, caregivers, and adult children, with specific minimum ages (e.g., spouse 40+, children 18+).
Visitor rules	Not specified by HOPA.	Almost universally allow visits from grandchildren, but often with limits on the duration of stay (e.g., 30-90 days per year).
Verification	Must have procedures to verify ages every two years.	HOAs are responsible for maintaining and enforcing age verification policies.

Potential consequences for violating community rules

Violating a 55+ community's age restrictions can lead to fines, restricted amenity access, or legal action by the HOA to enforce bylaws. This is to protect the community's HOPA status and avoid familial status discrimination lawsuits.

Can you rent a home to someone under 55?

Renting to someone under 55 often depends on community rules. Some communities prohibit rentals or impose age restrictions on tenants. Checking HOA guidelines on rentals and tenant age requirements is essential.

Conclusion

While a person under 55 may purchase property in a 55+ community, residency is governed by HOPA and community bylaws. Exceptions for younger residents exist within the framework of the 80/20 rule. Prospective buyers should thoroughly review HOA rules and state regulations. Consulting a real estate agent specializing in age-restricted communities is advisable. {Link: HUD website https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview}

Frequently Asked Questions

Yes, in most cases. Most 55+ communities permit a spouse or partner under 55 to live with a qualifying resident, though some may have a minimum age, often around 40, for the younger partner.

The 80/20 rule, mandated by the HOPA, requires that at least 80% of occupied homes in a 55+ community have at least one resident aged 55 or older. The remaining 20% offers flexibility, but communities can set stricter rules.

Full-time residency for children under 18 is rare and generally not allowed, as HOPA provides an exemption from familial status discrimination laws for these communities. Short-term visits from grandchildren are typically permitted, with time limits set by the HOA.

You can inherit the property, but your ability to occupy it depends on the community's specific bylaws. The HOA may require you to sell the home if you do not qualify for an exception, such as inheriting with a qualifying resident.

While federal HOPA rules provide a baseline, state laws can impose additional requirements. Some states, like California, have stricter age regulations or specific exceptions, so it's important to check state and local laws.

HOAs are legally required to verify resident ages every two years to maintain their HOPA exemption. Failure to comply can result in enforcement action, fines, or other penalties outlined in the community's bylaws.

Active adult and 55+ communities typically refer to independent living with shared amenities and low-maintenance homes. 'Senior living' can be a broader term that sometimes includes assisted living facilities, which offer medical care and daily assistance, unlike 55+ communities.

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.