Understanding Age Restrictions in 55+ Communities
55+ communities, also known as age-restricted communities, are residential developments designed for seniors. Their age restrictions are primarily governed by the Housing for Older Persons Act (HOPA) of 1995. Under HOPA, a community can qualify as 'housing for older persons' if at least 80% of its occupied units are home to at least one person aged 55 or older. This provision allows for flexibility, as the remaining 20% of units can be occupied by younger residents. However, it's critical to understand that this flexibility is at the discretion of the individual community's governing body, typically the Homeowners' Association (HOA) or management company, and is not a federal mandate guaranteeing that your adult child can live with you.
The HOPA 80/20 Rule and Community Discretion
The 80/20 rule established by HOPA is often misinterpreted. While it means up to 20% of homes could potentially house a resident younger than 55, most communities choose to be stricter to maintain their senior-focused environment. Many HOAs use their discretion to set tighter rules to preserve the lifestyle and quiet atmosphere that attracts residents. For example, some communities may limit occupancy to only those 55 and over, while others may allow younger spouses or adult children under specific circumstances. Therefore, even if a community has not met its 80% threshold, it can still deny residency to younger individuals.
Is It Possible for Your Adult Child to Reside with You?
It is possible, but it is never guaranteed. The definitive answer lies in the specific Covenants, Conditions, and Restrictions (CC&Rs) of your community. These legally binding documents outline the rules for everything from landscaping to who can reside in the home. The most common scenarios where an adult child might be permitted to live with a 55+ resident include acting as a live-in caregiver for a parent with a disability or other health-related needs. Some communities may also allow adult children to move in temporarily under limited circumstances. It is a mistake to assume permission without first thoroughly reviewing the rules and seeking official approval from the HOA.
Factors Influencing Eligibility
Several factors can influence a community's decision to allow an adult child to live with you. A community might consider:
- Caregiving Needs: If your child is acting as a necessary caregiver, some communities are more likely to grant an exception, especially if it falls under reasonable accommodation requests protected by law.
- Occupancy Limits: Many communities have rules about the number of non-55+ residents per household, often limiting it to one or based on the number of bedrooms.
- Inheritance vs. Occupancy: If you pass away, your adult child may inherit the property, but that does not automatically grant them the right to occupy it. The CC&Rs will detail what happens in this situation, often requiring the child to either move in (if eligible and within community limits) or sell the property.
- Rental Restrictions: Most 55+ communities strictly prohibit renting out homes to residents under the age of 55 to maintain the community's character.
Comparison of Living Arrangements
| Scenario | HOPA Guideline | Typical Community Rules | Action Required | Outcome |
|---|---|---|---|---|
| Adult Child as Caregiver | May qualify as reasonable accommodation under Fair Housing Act if disability-related. | Often more lenient, but requires specific documentation and HOA approval. | Submit formal request with medical proof and care plan to HOA. | Possibly approved, but strict rules will apply. |
| Adult Child Temporarily Living With You | Federal law does not address temporary stays; it is left to community discretion. | May be permitted for short periods (e.g., 30-90 days), with registration requirements. | Check CC&Rs for visitor policies and inform management. | Likely approved for a limited timeframe. |
| Adult Child as Long-Term Resident (Non-Caregiver) | May fall under the 20% allowance, but is subject to community's own rules and quotas. | Highly restrictive. Many communities prohibit this to uphold the 55+ environment. | Research community's specific age limits and availability within the 20% quota. | Very low chance of approval in most communities. |
| Inherited Property | Does not grant automatic right to occupy. | CC&Rs dictate what happens to the property, often requiring the younger heir to sell it. | Consult an estate lawyer and review community documents carefully. | Forced sale is a common outcome if heir is not 55+. |
How to Approach the Situation
- Read the CC&Rs: Before making any assumptions, get a copy of your community's rules and read the sections on age restrictions, occupancy, and guest policies carefully. It's the most reliable source of information.
- Contact the HOA: Don't try to hide the situation. Schedule a formal meeting with the HOA board or community management to explain your specific circumstances and ask for guidance. Presenting your request with a clear plan, especially if it involves caregiving, is best.
- Put it in Writing: If you receive approval, ensure you get it in writing. This protects you and your child in the future. Oral agreements can be forgotten or disputed by a new HOA board.
- Consider the Alternatives: If your community is unwilling to make an exception, you may need to consider alternatives. These could include moving to a multigenerational community or exploring in-home care services that do not require your child to move in. For more information on your rights under federal housing laws, you can consult resources like the U.S. Department of Housing and Urban Development's website.
Conclusion
In short, while federal law (HOPA) offers a potential avenue for younger residents through its 80/20 rule, whether your adult child can live with you in a 55+ community ultimately rests with the community's own rules and the discretion of its HOA. Exceptions are sometimes made for caregivers, but they are far from automatic. Transparency and clear communication with your community's management are your best tools for navigating this sensitive situation. Always assume that the rules are strict and check the official documents before making any plans.
