Can You Buy a House in a 55+ Community?

Fifty-five and over communities are a popular choice for adults seeking an active and engaging lifestyle. These communities offer housing options, amenities, and social opportunities designed for connection and convenience. Understanding their structure and requirements helps prospective buyers determine if this living arrangement is a suitable fit.

What Defines a 55+ Community

A 55+ community is an age-restricted residential area, legally permissible under the Housing for Older Persons Act (HOPA). HOPA provides an exemption to the Fair Housing Act, allowing these developments to set age limitations without being considered discriminatory based on familial status. This federal law enables communities to cater specifically to older adults.

Within these communities, housing options often include single-family homes, condominiums, and townhomes, frequently designed for lower maintenance. Amenities are a significant draw, typically encompassing clubhouses, fitness centers, swimming pools, walking trails, and various courts for sports like pickleball or tennis. Many also organize social activities and events, cultivating a sense of camaraderie among residents. The homeowner’s association (HOA) often manages common areas and may cover exterior home maintenance, contributing to a hassle-free lifestyle.

Residency Requirements

The core of eligibility for a 55+ community lies in its age requirements, primarily governed by the “80/20 rule.” This rule, established by HOPA, mandates that at least 80% of the occupied units in the community must have at least one resident aged 55 or older. This provision allows communities to maintain their age-restricted status while offering some flexibility for other residents. The community must also consistently demonstrate an intent to operate as housing for older persons and adhere to age verification procedures set by the U.S. Department of Housing and Urban Development (HUD).

While the primary resident must meet the age threshold, exceptions often exist for spouses, partners, or caregivers who may be younger. In such cases, the younger individual’s presence typically counts towards the 20% allowance for residents under 55. Communities generally prohibit individuals under 18 from residing permanently, though short-term visits from children or grandchildren are commonly permitted, often with specific duration limits. Adult children aged 18 or older may sometimes be allowed to live in the home if one resident is 55 or older, depending on the community’s specific bylaws.

The Purchase Process

Purchasing a home in a 55+ community involves several distinct steps beyond a traditional real estate transaction. A primary consideration is the age verification process, where communities require proof of age for prospective residents. This typically involves providing official documents such as a driver’s license, birth certificate, passport, or other government-issued identification. Some communities may also accept a signed affidavit from an adult household member affirming that at least one occupant meets the age requirement.

Beyond age verification, prospective buyers may encounter a community application process, which can include interviews, background checks, and a review of financial standing. Understanding the Homeowners Association (HOA) rules and fees is also important. Most 55+ communities have HOAs that collect monthly or annual fees, which can range widely depending on amenities and services. These fees cover maintenance of common areas, amenities, and sometimes exterior home upkeep.

Buyers must also thoroughly review the community’s Covenants, Conditions, and Restrictions (CC&Rs) before committing to a purchase. These documents outline specific regulations on property use, modifications, and residency, ensuring the buyer fully comprehends the community’s unique living environment.