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Home » 55+ » Who can Live in a 55+ Community?

Who can Live in a 55+ Community?

retiree with man

There are plenty of things to look forward to as you age: Retirement, a relaxed lifestyle, and more time with the family are just a few of the perks. In order to capitalize on these opportunities, some people decide to live in a 55+ or Active Adult community, but there are a few things you should know before committing.

What is 55+ Housing?

A 55+ or Active Adult community is a community designed specifically for individuals age 55 and older. Everything from floor plans and expected home maintenance to community events and resources cater to older homeowners.

These communities are also age-restricted, meaning residents have to meet the 55+ requirement in order to purchase a property. However, there are some exceptions to this rule.

Can Someone Younger than 55 Live in 55+ Communities?

The short answer is yes, but it will depend on specific circumstances and the community’s guidelines.

The two most common situations are if a spouse does not meet the age requirement, or if there’s an adult child (over 18) moving with you. In both cases exceptions are typically granted because there is one member of the household older than 55 years.

While these are general exceptions, be sure to double check the specifics of wherever you’re looking to move, as communities do have some flexibility on determining these rules.

Common Questions

I’ve heard that if 80 percent of the community is 55 and older, the remaining 20 percent of residents can be younger. Is this true?

Yes! This is referring to the 1995 Housing for Older Persons Act, or HOPA. Under this act, once 80 percent of the units are occupied by at least one person over the age of 55, communities are allowed to adjust their age requirements.

However, they’re not required to allow younger residents after this 80 percent threshold is met. Communities might lower the minimum age by a few years to allow more homebuyers, or they might not.

Can I still purchase a home in a 55+ community if I’m just under the age requirement?

It’s possible, but to be sure, check with a community representative. The community might require that buyers reach the minimum age within a certain timeframe, or they may have flexible age requirements due to HOPA.

My child is under 18. Can I move in to a 55+ community?

Possibly. This restriction has more to do with available resources and amenities and less to do with age policing. Communities with children often focus on proximity to resources like strong public schools and family entertainment venues. Because 55+ communities cater to a different demographic, these important amenities aren’t guaranteed to be nearby, thus making it difficult for families with children to settle.

If you fall into this category, be sure to ask reach out to specific communities you’re interested in to get answers. Just because it’s uncommon doesn’t mean it’s impossible; you’ll just have to do some digging to find the community that meets your needs.

Can my grandchildren come visit?

Yes! In fact, some 55+ communities will even designate weeks for children-themed activities to help keep grandkids entertained.

The key point here is that these visits are meant to be short-term. If you’re used to having your grandkids visit for months at a time, ask if there is a maximum number of days guests under age 55 are allowed to visit.

Can a person with a disability live in a 55+ community if they do not meet the age requirement?

Like other instances where age is a factor, almost always the person will be required to live full-time with a resident who is 55 or older. If the goal is to find a community with in-home living assistance, know that this isn’t typical of 55+ communities.

If the 55+ resident passes away, can their younger-than-55 kid/spouse/etc. inherit the property?

This will be at the discretion of the community. If you are including your home in your will and you live in a 55+ community, it is best to involve a community representative and a lawyer to determine the details.

Can I rent the property to someone under 55?

This is a grey area, and you’re going to have to take it up with the community’s HOA guidelines. Most communities want permanent residents, not renters, to help foster connections among neighbors, so renting out the home in general is a rare opportunity. In order to maintain the themes and personality of a community, renters under 55 aren’t often permitted.

Decide if a 55+ Community is Right for You

The rules and regulations can vary from community to community, so you’ll need to do some research in order to find the best fit. Just remember that you can always reach out to a community representative to help answer any questions you may have.

To find the right 55-plus community for you and learn more about these environments, visit the NewHomeSource 55+ Communities Learning Center.

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Mia Zozobrado

Mia Zozobrado joined Builders Digital Experience (BDX) in 2019 as a content writer. A graduate of Southwestern University with a degree in English, Mia is passionate about the written word and making connections. Outside of work, Mia also serves on the Board of Directors for the Writers’ League of Texas.

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Reader Interactions

Comments

  1. Anthony J Annacone

    January 22, 2020 at 12:26 pm

    I have a question, if a son or daughter under 55 are living with you in a 55+ HOA and they have been registered as living there with the HOA, if the person (Mother or Father) should die leaving the house in the will to that under 55 relative living with them, is that person allowed to continue live in that community?

    Reply
    • Fred Hopkins

      January 24, 2020 at 9:27 am

      You should check with your HOA on this. There isn’t a universal answer to your question, unfortunately.

      Reply
    • Donald Swartz

      February 4, 2020 at 7:29 pm

      Follow up question, I pass away, my children inherit, they own it and are both under 55 and make NO attempt to occupy or establish residence. They act as landlord and lease to a senior that qualifies under board rules. Can the HOA board force them to sell or fine them for violating the “age” rule and then foreclose on property to collect fines forcing them to give up their property rights?

      Reply
      • dea

        October 20, 2020 at 5:42 pm

        Can you be evicted if the HOA is asking for additional information to prove someone is over 55 years of age or is the required ID by the state sufficient evidence?

        Reply
        • Jamie Garcia

          November 19, 2020 at 4:59 pm

          Hi Dea,
          If you are in this situation, you should speak to your attorney about your options.

          Reply
    • Florence Carrigan

      February 20, 2020 at 6:49 pm

      What if the person is disabled and under 55?

      Reply
  2. Maria Rivera

    January 26, 2020 at 12:30 pm

    I’m turning 54 in May 24 is there a place for me or I need to wait I’m a handicap female who’s looking for a place … Maria Rivera

    Reply
    • Donald Swartz

      February 4, 2020 at 7:33 pm

      The Law states that a MINIMUM of 80% of residents must be 55 and older. The board has 20% of room for younger residence. BUT to not have to grant it. Make application to the board for a variance.

      Reply
  3. Koko

    May 12, 2020 at 11:49 am

    So I’m 46 with no children and I really love one community who refused me because of the age restriction. Is there a workaround? How can I make an application to the board for variance? Am I going to need a lawyer for this?

    Reply
    • Fred Hopkins

      May 12, 2020 at 1:57 pm

      Hi Koko,

      There are national and state-level laws that set these occupancy restrictions. If you have questions about them, it is probably a good idea to discuss it with your attorney.

      Reply
    • Lois Konopka

      December 2, 2020 at 2:06 pm

      Can a handicapped person who is not 55 but needs the convenience of such a home buy in a 55 or older?

      Reply
      • Jamie Garcia

        January 15, 2021 at 2:43 pm

        Hi Lois,
        Typically, no. You can try discussing this with the community you are interested in moving to, but most 55+ communities do not allow this.

        Reply
  4. Kathy Ranus

    June 14, 2020 at 11:13 am

    My husband and I are looking to down size. Currently our 22 y/o daughter is living with us while she finishes college. We would like to be able to get into a 55+ community. I checked with one community and that said no to her living with us. Does it depend on the community?

    Reply
    • Jamie Garcia

      June 19, 2020 at 3:11 pm

      Hi Kathy,
      It’s possible the community had an age restriction for children living in the household, as mentioned above. You’ll have to check with each community on whether they have age restrictions for other household members.

      Reply
  5. Daniel

    July 9, 2020 at 2:51 pm

    So I’m 60 and wife is 50 but oue handicap son who is 18 will have to live with us. is that allowed?

    Reply
    • Jamie Garcia

      July 15, 2020 at 4:47 pm

      Hi Daniel,
      You’ll need to contact the specific community you are interested in and ask what their rules are on household members under 55, or ask a sales rep when you take a home tour.

      Reply
  6. Ashley

    July 22, 2020 at 3:42 pm

    How would I go about finding out if I can get into a 55+ community if I am turning 49 at my next birthday? Do I have to contact every single park to try and get a variance?

    Reply
    • Jamie Garcia

      July 28, 2020 at 2:30 pm

      Hi Ashley,
      Most (that’s not to say all) active senior communities require at least one person to be 55 or older. Usually exceptions are made for spouses and minor children, but yes, you will likely need to contact those communities you are interested in and ask. Assuming you are looking for a home in a specific city or area, you can visit newhomesource.com, search for your city name, then filter by “adult/senior community” and see a list of those in your area. That will help you narrow down your search.

      Reply
  7. JD

    July 23, 2020 at 10:28 am

    Hi,

    I live with my mom in a 55+ community in PA. She’s 72 and I’m 40. I am to inherit the home upon her passing. Will I be able to stay or will I have to move?

    Tx
    Jill

    Reply
    • Jamie Garcia

      July 28, 2020 at 2:15 pm

      Hi Jill,
      You should speak with a community representative and your (or your mom’s) attorney about your situation.

      Reply
  8. jackie l

    July 26, 2020 at 7:10 am

    my son is 41 trying to get him on disablity can he live 55 older

    Reply
    • Jamie Garcia

      July 28, 2020 at 2:03 pm

      Hi Jackie,
      You will need to talk with a representative of the community you are looking to move to, as each community has its own rules about outside the minimum age requirements.

      Reply
  9. Jim S.

    August 27, 2020 at 2:39 pm

    I’m 51 years of age. But I’m retired from the DOC in Delaware, can I live in the 55+ age community?

    Reply
    • Jamie Garcia

      September 16, 2020 at 5:45 pm

      Hi Jim,
      You’ll have to talk with a representative from the community or communities you are interested in. Specific communities will be able to give you a better answer as to what ages are permitted.

      Reply
  10. Daryll Ann Carter

    September 6, 2020 at 1:10 pm

    What is the law when spouse dies at 60 and widow is 50 and both owned and resides in 55+ community. When title is in both names does spouse have the legal right to remain in community?

    Reply
    • Jamie Garcia

      September 16, 2020 at 5:32 pm

      Hi Daryll,
      You should talk with your community’s HOA, as well as your attorney, to discuss your options in this circumstance.

      Reply
  11. Salaam

    September 18, 2020 at 11:08 pm

    So what if you’re 55+ and actually have a 5yrs old?? There’s no community that will allow you to have your own son or daughter living with you??

    Reply
    • Jamie Garcia

      September 28, 2020 at 4:40 pm

      Hi Salaam,
      You’ll need to obtain a copy of the community rules on age and what exceptions are made for minor children. You’ll need to talk with the specific community to learn its exact restrictions.

      Reply
  12. Kirsten Campion

    September 26, 2020 at 11:07 am

    Hello,
    I am 50 years old and would like to purchase a home in a 55+ community. What are the steps I would need to take to get permission to purchase? Should I contact a real estate lawyer or contact the association of the property. Do they make exceptions for slightly under 55?
    Thank you!

    Reply
    • Jamie Garcia

      September 28, 2020 at 3:16 pm

      Hi Kirsten,
      Talk with the property association in the community in which you wish to live to see what the community’s rules are on age minimum. In addition to rules around the homeowner’s age, there may be rules about the ages of other residents as well.

      Reply
  13. Drew

    November 18, 2020 at 12:28 am

    I thought that 20% of residents, by law, can be under 55 but no children under 18 could live in the home. Am I incorrect?
    Can’t a renter be 50?

    Reply
    • Jamie Garcia

      November 19, 2020 at 5:17 pm

      Hi Drew,
      You will need to discuss your situation with your community’s HOA. Each community has its own rules.

      Reply
  14. Teri

    December 1, 2020 at 10:16 am

    I have a question! Can someone who isn’t 55+ rent a unit owned by the owner who is renting it? Or would I have to be 55+ to rent it? It’s through the person who owns it, not the facility even though they will have record that someone is renting the unit.

    Reply
    • Jamie Garcia

      December 2, 2020 at 1:10 pm

      Hi Teri,
      You need to discuss the matter with the community’s HOA.

      Reply
  15. Agnieszka Lopez

    December 20, 2020 at 11:56 am

    Can you buy 55 community property with someone who is not a family member? My friend is over 55 and i am not.

    Reply
    • Jamie Garcia

      January 19, 2021 at 4:18 pm

      Hi Agnieszka,
      It’s not likely that an under-55 non-family member will be allowed to live in a 55+ community, but ultimately, it is up to the specific community. Talk with the HOA to see what your options are.

      Reply
  16. Billy Johnson

    December 24, 2020 at 4:36 am

    I recently married. My wife is 29, I am over 55. Can we live there.

    Reply
    • Jamie Garcia

      January 19, 2021 at 4:29 pm

      Hi Billy,
      Typically, 55+ communities will make an exception for an under-55 spouse. Ultimately, it’s up to the community you are looking to move to, so talk to your HOA to clarify.

      Reply
  17. Susan Poverin

    January 11, 2021 at 2:22 pm

    Hi, I am trying to rent a home in a 55 plus community in Riverside, CA. for my brother that is 62, however he has a live in care giver that is under 35 years of age. The care giver works for IHSS

    Reply
    • Jamie Garcia

      January 19, 2021 at 5:43 pm

      Hi Susan,
      This will come down to the discretion of the community. Exceptions are sometimes made for those under 55. Talk with the community’s HOA to discuss your situation.

      Reply

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