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Talk to a Specialist →How 55+ Communities Are Legally Permitted
Age-restricted housing in the United States is governed by the Housing for Older Persons Act (HOPA), which amended the Fair Housing Act to allow communities to restrict occupancy based on age under specific conditions. To qualify as a 55+ community under HOPA, a community must meet three requirements: at least 80% of occupied units must be occupied by at least one person 55 or older; the community must publish and follow policies demonstrating the intent to be 55+ housing; and the community must verify the ages of occupants through reliable surveys or affidavits.
The practical implication for buyers is that you will be required to provide documentation of age at time of purchase — typically a driver's license or birth certificate for the qualifying occupant. For married couples where only one spouse is 55+, the younger spouse may occupy the home as long as the qualifying spouse meets the age requirement. The specific rules vary by community and HOA — always verify with the community directly.
Metro-level data via Redfin. Phoenix 55+ communities span $150K–$850K+; understanding the purchase process applies across all price points. Period: March 2026
From Search to Close — 8 Steps
- CC&Rs and bylaws — confirm age restriction language and enforcement
- Budget and reserve fund — minimum 70% funded is a common benchmark
- Meeting minutes — any pending special assessments or major repairs
- Pet, rental, and vehicle policies — confirm alignment with your situation
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