55+ Community Rules
Federal law sets a floor. Everything above it is community by community — and it differs more than buyers expect.
Short answer: a 55+ community operates under the federal Housing for Older Persons Act, which requires at least 80% of occupied units to have one resident aged 55 or older. That leaves a 20% band each community governs by its own recorded rules. Those rules — on younger spouses, adult children, grandchildren, caregivers, inheritance and rentals — vary significantly, and they are the ones that affect your life.
By Brian Sacks, SRES®, Christie's International Real Estate First Coast. Last reviewed September 2026. This is general information, not legal advice — verify specifics in the community's recorded documents.
What federal law actually requires
The Housing for Older Persons Act of 1995 carved an exemption from the Fair Housing Act's familial-status protections for qualifying communities. To hold it, a 55+ community must meet three tests: at least 80% of occupied units have at least one resident 55 or older; it publishes and adheres to policies demonstrating intent to be housing for older persons; and it verifies occupant ages through reliable surveys and recordkeeping, updated at least every two years.
Note what this does not say. It does not require every resident to be 55. It does not set rules for the other 20%. It does not address guests, rentals or inheritance. All of that is the community's own governing documents.
The questions that actually affect you
A younger spouse
Most communities permit a spouse under 55 when the other is over, but the threshold differs — some set a floor in the 40s, some do not. Get the answer in writing.
If the older spouse dies first
This is the question nobody wants to ask and everyone should. Many communities allow a surviving under-55 spouse to remain; some have a time limit. The difference is enormous and it is in the recorded documents.
Adult children and grandchildren
Rules on permanent occupancy by anyone under a minimum age — often 18 or 19 — vary widely, and guest-stay limits (how many consecutive days, how many days per year) vary more.
Renting your home
Minimum lease terms, caps on the number of rentals, approval requirements and waiting periods after purchase all differ. If you might spend summers north, or want the option to rent rather than sell, ask before you offer.
Inheritance
If your children inherit the home, can they live in it? Usually not, if they are under the age minimum — but they can generally sell it. Whether they can rent it out in the meantime is a separate question with a separate answer.
How to verify
Ask for the recorded declaration of covenants, the age-verification policy, and the current rules and regulations — not a summary from the sales office. Read the sections on occupancy, guests and leasing. Every one of the questions above is answered in there, and Florida gives you a statutory window to review association documents after contract. Use it.
Common questions
What is the 80/20 rule in 55+ communities?
Under the federal Housing for Older Persons Act, a community qualifying as 55+ housing must have at least one resident aged 55 or older in at least 80% of its occupied units. The remaining 20% is governed by the community's own recorded rules, which vary considerably between communities.
Can someone under 55 live in a 55+ community?
Often yes, within the 20% band and subject to the community's own rules. Most commonly this covers a spouse under 55 living with a qualifying resident. Rules for adult children, grandchildren and other occupants vary community to community and are set out in the recorded governing documents.
What happens if my spouse is under 55?
Most 55+ communities permit an under-55 spouse when the other spouse qualifies, though some set a minimum age for the younger spouse. Because it varies, confirm the specific policy in the community's recorded documents before you make an offer.
Can my children inherit my home in a 55+ community?
They can inherit ownership. Whether they can live in the home depends on the community's age rules — if they are under the minimum age, occupancy is usually not permitted, though they can sell the property. Rental rights in the interim are governed separately by the community's leasing rules.
Can I rent out my home in a 55+ community?
It depends entirely on the community. Minimum lease terms, caps on the number of rented homes, board approval and waiting periods after purchase all vary. Any tenant must also satisfy the community's age requirements. Verify before you buy if renting is something you may want to do.
Still not sure how it applies to you?
Call me. If the answer is that this community is wrong for you, that is what I will say.