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
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.
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.
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.
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.
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.
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.
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.
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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Anthony J Annacone
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?
Fred Hopkins
You should check with your HOA on this. There isn’t a universal answer to your question, unfortunately.
Donald Swartz
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?
dea
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?
Jamie Garcia
Hi Dea,
If you are in this situation, you should speak to your attorney about your options.
Florence Carrigan
What if the person is disabled and under 55?
Angelee Holliday
I am interested in moving into a senior citizens disability building and I am 53 and sons age 20 and 18 w/ a disability as well and would like to know more information about this place
Jamie Garcia
Hi Angelee,
You’ll need to contact the community directly to ask their rules on living in the community if you aren’t yet 55, as well as having adult children live with you.
d
I am 47 and I rent in a 55+ plus mobile home community The property owners have made me offers to buy my home but I declined their asking price. Recently one of my neighbors offered to sell me her home and the property managers are saying I can’t buy it what’s the difference? Can they do this? Can’t afford a lawyer.
Jamie Garcia
Hi Anthony,
You’ll need to discuss the community rules with the property managers or your HOA.
Andrea Vergne
I am 61 years old, and take care of my conserved disabled 23 year old and rent from an owner at a 55 and older manufactured home in Santa Maria. I asked and submitted paperwork. I am looking to purchase a MobileHome @ Casa Grande in Santa Maria, California. However, only few homes are available and I don’t want to rush on just anything. Home needs to fit his his disability. I was told today that I have 30 days to purchase a home there or, I would need to move out with my son. My son cannot survive alone. He needs me. Is this legal? Your assistance will be greatly appreciated thank you
Jamie Garcia
Hi Andrea,
This question is best posed to an attorney. You may need to obtain a copy of the community’s rules – many 55+ communities do not allow anyone under 55 under any circumstance. It’s possible for exceptions to be made for disabled adult children living with parents, but not always required of the community to make those exceptions. Get a lawyer and see what options you have.
Maria Rivera
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
Donald Swartz
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.
Koko
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?
Fred Hopkins
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.
Lois Konopka
Can a handicapped person who is not 55 but needs the convenience of such a home buy in a 55 or older?
Jamie Garcia
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.
Kathy Ranus
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?
Jamie Garcia
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.
Daniel
So I’m 60 and wife is 50 but oue handicap son who is 18 will have to live with us. is that allowed?
Jamie Garcia
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.
Ashley
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?
Jamie Garcia
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.
JD
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
Jamie Garcia
Hi Jill,
You should speak with a community representative and your (or your mom’s) attorney about your situation.
jackie l
my son is 41 trying to get him on disablity can he live 55 older
Jamie Garcia
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.
Jim S.
I’m 51 years of age. But I’m retired from the DOC in Delaware, can I live in the 55+ age community?
Jamie Garcia
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.
Daryll Ann Carter
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?
Jamie Garcia
Hi Daryll,
You should talk with your community’s HOA, as well as your attorney, to discuss your options in this circumstance.
Salaam
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??
Jamie Garcia
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.
Kirsten Campion
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!
Jamie Garcia
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.
Drew
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?
Jamie Garcia
Hi Drew,
You will need to discuss your situation with your community’s HOA. Each community has its own rules.
Teri
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.
Jamie Garcia
Hi Teri,
You need to discuss the matter with the community’s HOA.
Allen Wright
I live in a 55+ community. Recently sold. The new owner is renting to anyone that has the money (young and old). Is that legal?[
Jamie Garcia
Hi Allen,
You need to take this up with your HOA.
Agnieszka Lopez
Can you buy 55 community property with someone who is not a family member? My friend is over 55 and i am not.
Jamie Garcia
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.
Billy Johnson
I recently married. My wife is 29, I am over 55. Can we live there.
Jamie Garcia
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.
Susan Poverin
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
Jamie Garcia
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.
Chris
Can a 55+ community that allows 20% under the age of 55 – say the 20% can only be people over 35 ? or someone that will turn 55 within the next 10 years?
Suzanne
My husband and myself have lived in a 55 plus park for 5 years and at the time we purchased a home in the park we had a grandson living with us and he was granted permission on living with us, they charge e to for him to stay here on the rent lot. He is listed on the construct as living with us, I’m wondering if the park at any given time can request for someone such as my grandson to move out. He works full time nights so he isn’t here that much mostly to sleep.
Jamie Garcia
Hi Suzanne,
This is between you and your HOA – if your grandson was given permission to live in the home, and you are being charged extra for someone under 55 to live with you, then you should have ample documentation of it. Check that documentation to see if there is anything stating that the HOA can ask your grandson to leave, or contact your HOA to verify the terms of the agreement.
George Norris
Hi. I am 69 years old and I live in Maine and looking to avoid winters. During the summer season could my children in their mid 40s spend a week when my wife and I are in Maine?
Jamie Garcia
Hi George,
You’ll need to talk with your HOA about extended visits.
Lisa D Newson
Hi, im 55 yrs.old…. and I’m not handicapped, but still m homeless…. Can I still live in a 55+ community or one of the units…perhaps a Studio apartment???
Jamie Garcia
Hi Lisa,
If you are 55, you should qualify to live in a 55+ community. However, these communities are different from 55+ apartment complexes – 55+ communities are single-family homes.