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Hi Gary,
Yes, your HOA can adopt a policy requiring that at least one resident in every home be 55 or older, even if your community already meets the 80% threshold required under the Housing for Older Persons Act (HOPA). However, you must do so carefully and legally to avoid Fair Housing violations.
Here’s what you need to know:
Under HOPA (24 CFR §100.305), a community can qualify as “55 and older” housing if:
1. At least 80% of the occupied units have at least one person age 55 or older.
2. The community intends to operate as housing for older persons.
3. The community verifies residents’ ages and keeps reliable documentation.
HOPA allows flexibility for up to 20% of units to house residents under 55. But this doesn’t mean you’re required to allow those units—it’s just a federal minimum standard.
HOPA allows stricter age policies as long as they are applied fairly and consistently, and don’t violate other fair housing laws. If your community wants to require every home to have at least one resident 55 or older, you can adopt that rule by:
1. Amending your governing documents (like CC&Rs or Rules and Regulations).
2. Ensuring the policy is clearly written and uniformly enforced.
3. Providing notice to all homeowners and giving a transition period before enforcement.
Courts have upheld communities that choose to adopt stricter policies than the 80% rule, as long as they comply with HOPA and fair housing standards.
Hope this helps.
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