The 80% rule
Under the federal Housing for Older Persons Act, a community can legally limit residents by age if at least 80% of its occupied homes have at least one person aged 55 or older. The other 20% gives communities room for younger surviving spouses, caregivers and similar cases, but each community decides how to use it.
Florida no longer registers 55+ communities
Until 2020, Florida communities claiming the 55+ exemption registered with the Florida Commission on Human Relations. House Bill 255, effective July 1, 2020, removed that requirement, so there is no state registry to check. The community's recorded declaration, rules and age-verification surveys are the evidence.
Questions to ask any 55+ community
- Is the community age-restricted under HOPA, or only age-targeted?
- What is the minimum age for other occupants, such as a younger spouse?
- How long can guests and grandchildren stay?
- Can the home be rented, and is there a minimum lease length?
- Is there a CDD assessment on the tax bill in addition to HOA dues?
Frequently asked questions
What makes a community legally 55+ in Florida?
Florida follows the federal Housing for Older Persons Act (HOPA). A community qualifies when at least 80% of occupied homes have at least one resident aged 55 or older, it publishes policies showing it intends to serve older residents, and it verifies ages through surveys or affidavits.
Can someone under 55 live in a 55+ community?
Often, yes. HOPA allows up to 20% of occupied homes without a resident over 55, and many communities let a younger spouse or caregiver live with a qualifying resident. Each community's documents set the exact rules, including minimum ages and guest limits.
Is there a state list of 55+ communities in Florida?
Not anymore. Florida used to require 55+ communities to register with the Florida Commission on Human Relations, but House Bill 255 removed that requirement effective July 1, 2020. To confirm a community's status, ask for its age-verification policy and recorded documents.
What's the difference between age-restricted and age-targeted?
An age-restricted community follows HOPA rules and limits who can live there. An age-targeted (or 55+ friendly) community is designed for retirees but has no legal age limit, so anyone can buy.
This page is general information, not legal advice. Have a Florida real estate attorney review the community documents before you buy.
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