Navigating Regulations for Adult Children in 55+ Communities
Understanding the Legal Framework: HOPA and the 80/20 Rule
To understand residency in a 55+ community, one must first grasp the federal law that governs it. The Housing for Older Persons Act (HOPA), passed in 1995, provides an exemption to the Fair Housing Act, which otherwise prohibits discrimination based on familial status. For a community to legally enforce age restrictions, it must meet three key criteria laid out by HOPA:
- The 80/20 Rule: At least 80% of all occupied units must have at least one person who is 55 years of age or older. This rule allows for some flexibility, but it does not automatically guarantee that younger individuals can live in the community. The remaining 20% is often used for exceptions but is not a free pass.
- Intent to House Older Persons: The community must publish and follow policies that demonstrate its intent to be housing for older persons. This includes marketing materials, community policies, and other consistent practices.
- Age Verification Procedures: The community must comply with HUD's regulations for age verification of residents.
Community-Specific Rules: The Power of the HOA
While federal law provides the broad guidelines, the specific duration and conditions for an adult son's residency are determined by the individual community's Homeowners' Association (HOA) rules. These regulations are typically outlined in the Covenants, Conditions, and Restrictions (CC&Rs).
Here’s what you need to look for in the CC&Rs:
- Age of Adult Child: Some communities may have a specific minimum age for non-senior residents, often 18 or even 19 years old. Younger adult children are typically viewed differently than minors under 18.
- Head of Household: The primary resident who meets the age requirement (55+) must remain in the home. The younger resident's ability to stay is contingent on the qualified resident's continuous occupancy.
- Occupancy Limits: Beyond age, many communities have rules about the total number of occupants per household, which may vary based on the number of bedrooms.
- Caregiving Exceptions: Some HOAs make exceptions for adult children who are providing essential care for the older resident. These provisions, however, must be clearly documented and approved by the HOA.
Can a Younger Adult Child Stay Indefinitely?
For many communities, the answer to indefinite residency is no, unless there are special circumstances. Even under the 80/20 rule, allowing a permanent, non-exempt younger resident may threaten the community's HOPA status if the 20% threshold is reached. If an adult son, for instance, was living with his parent when they passed away, the son's right to continue living in the home is not guaranteed and is subject to the HOA's specific rules and discretion.
What About Visiting vs. Residing?
There's a critical difference between a guest and a resident. Most communities permit visitors, including grandchildren and adult children, for short periods. The typical duration for visits ranges from 15 to 90 days per year, depending on the community. Residing, on the other hand, implies permanent or long-term occupancy and is what triggers the strict age restrictions enforced by the HOA.
Here is a comparison table outlining different residency scenarios:
| Scenario | Guest (Minor/Adult Child) | Adult Son (Resident) | Special Exception (e.g., Caregiver) |
|---|---|---|---|
| Stay Duration | Short-term visits (e.g., 30 days) | May be permitted long-term, depending on CC&Rs | Can be long-term, requires documentation |
| HOA Approval | Not typically required for short stays | Often requires formal application/approval | Requires full review and approval process |
| Age Requirement | No, but amenities may be restricted | Must be 18+ (often) and parent must be 55+ | Not subject to minimum age if providing care |
| Primary Resident | Yes, parent must be present | Yes, contingent on parent's occupancy | Yes, but provisions exist for care continuation |
| Impact on HOPA Status | Minimal, if visit duration is respected | Can count toward the 20% limit if community allows | Generally does not negatively impact HOPA status |
What to Do Next
To get a definitive answer for your specific situation, you must take proactive steps. The most important action is to consult the official documents of the community. Do not rely on general assumptions or verbal assurances. The official CC&Rs are the final word. A great resource for understanding these legal nuances further is the National Fair Housing Alliance, which offers guidance on housing rights and exemptions. National Fair Housing Alliance
Conclusion
While a 55+ community offers an active, adult-focused lifestyle, it comes with regulations designed to maintain that environment. Your adult son's ability to live with you depends entirely on the specific rules of your homeowners' association, in addition to the federal HOPA guidelines. Always review the CC&Rs and discuss your unique circumstances with the HOA directly to ensure compliance and avoid potential issues down the line. By being diligent and understanding the rules, you can ensure a smooth transition for your family.
Final Summary
Your adult son's residency in a 55+ community is not a given and is governed by community-specific rules under the federal HOPA. While the law mandates that 80% of units have a 55+ resident, exceptions for adult children (over 18) are at the discretion of the HOA. Permanent residency for a younger adult is contingent on the 55+ resident's occupancy and community bylaws, with caregiving scenarios sometimes allowing for greater flexibility. Ultimately, you must consult your community's CC&Rs and HOA for definitive answers.
