In Florida there are many Condominium and Homeowners Associations where the residents desire to live in a community that only allows older people to live there. The Housing for Older Persons Act of 1995 (HOPA) amends Section 807(b)(2)(C) of the Fair Housing Act (42 U.S.C. 3607(b)(2)(C)) and allows a condo association or HOA to put a restriction on the age of their residents, to 55 and over.

The HOPA allows condos and HOAs to market themselves as 55 plus or age-restricted communities, however there is a requirement that they must maintain 80 percent of their occupied units are occupied by at least one person who is 55 years of age or older. As long as an association meets that 80 percent threshold, they may keep the 55 and older age restriction in place. Associations that wish to put this restriction in place are required to publish and follow policies and procedures that demonstrate the intent to be a community for persons 55 and older.

With the requirements by the Federal HOPA being that at least 80 percent of all residents be over 55, that allows for up to 20 percent of the residents of the condo association or HOA to be under the 55 years of age restrictions. That is where the association documents come into play. An association can limit all people under 55 or can put in provisions in their documents that allow for such things as only allowing people over 21 to reside in the community or giving the Board the ability to allow for exceptions to the 55 and over requirement. Such exceptions can be allowing the rental of units to people under the 55 threshold or allowing grandchildren to stay with their grandparents. The documents can dictate restrictions for not only full-time residents but also visitors and guests.

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Hopa Casino is an online betting site that was founded in 2005 by G International Limited. The casino has a large number of games as well as relatively fast payouts of winnings and good customer service, making Hopa a good spot to play at. One law that could allow you to live in a 55+ community even if you are not that age is the Housing for Older Persons Act of 1995 (HOPA). This provides exemptions to family status nondiscrimination if a retirement community meets either of the following conditions: All the residents are age 62 or older.

Please keep in mind that the Federal and association restrictions are restrictions on residency, not ownership of the units. If you have any questions on this feel free to contact The Richards Law Group, PLLC and discuss what can be done for your association.

Implementation of the Housing for Older Persons Act of 1995 Rules and Regulations

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This is a link to the U.S. Department of Housing and Urban Development's rules and regulations for adhering to the Housing For Older Persons Act of 1995.

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Questions and Answers Concerning the Housing for Older Persons Act of 1995

This document answers questions concerning the final rule implementing the Housing for Older Persons Act of 1995 (HOPA).

Housing for Older Persons Requirements

Federal Register 24 CFR Part 100; section 760.24-760.37 (4a), Florida Statutes

For a community to be considered 'housing for older persons' as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:

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1. At least 80% of the occupied units are occupied by at least one person 55 years of age or older.

2. The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons.

3. The facility or community complies with rules established by the U.S. Department of Housing and Urban Development (HUD) for verification of occupancy.