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Do 55+ Communities Make Exceptions? A Guide for Fort Lauderdale Residents

Are you planning a move to a 55+ community in Fort Lauderdale or Broward County? If so, you might be wondering whether these communities make exceptions to their age restrictions. This guide will provide valuable information on this topic, offering insights into the rules and regulations governing 55+ communities and the exceptions that may apply. Understanding these nuances can help you make informed decisions about your real estate options in South Florida.

Understanding 55+ Communities

55+ communities, also known as active adult or age-restricted communities, cater to residents who are 55 years of age or older. They typically offer amenities and activities designed for this age group. However, it’s important to note that these communities are governed by specific laws and regulations that dictate who can live there.

Federal and State Laws

The primary law governing 55+ communities is the Housing for Older Persons Act (HOPA), which is an exemption to the Fair Housing Act. Under HOPA, 55+ communities must adhere to the following guidelines:

At least 80% of the units must have at least one occupant who is 55 or older.
The community must publish and adhere to policies demonstrating its intent to operate as a 55+ community.
The community must comply with HUD’s regulatory requirements for age verification of residents.

In addition to federal laws, Florida state laws also impact 55+ communities. For example, Chapter 760.29 of the Florida Statutes further defines these communities and their legal requirements.

Exceptions to Age Restrictions

While the primary goal of 55+ communities is to provide a living environment tailored to older adults, there are situations where exceptions to the age restrictions can be made. Understanding these exceptions is crucial for those looking to move into such communities despite not meeting the typical age criteria.

Medical or Disability Exceptions

Some 55+ communities may allow exceptions for individuals under the age of 55 who have specific medical needs or disabilities. These exceptions are typically evaluated on a case-by-case basis, ensuring that the community’s primary age demographic is preserved while accommodating unique circumstances.

Occupancy of Younger Spouses or Partners

If one partner in a couple meets the 55+ requirement but the other does not, many communities will allow the younger partner to live in the community provided that one member of the household meets the age threshold. This is often the most common exception to the age restrictions.

Family Members or Caregivers

55+ communities may also make accommodations for younger family members or caregivers. This is especially relevant if the older resident requires assistance with daily activities. In such cases, the junior resident’s stay is often contingent on providing the necessary care and adhering to community rules.

Policies on Temporary Exceptions

Some communities have temporary exception policies that allow younger individuals to reside in the community for short periods. These policies ensure that long-term residency remains predominantly for those 55 or older.

Legal Implications and Real Estate Litigation

If you believe age restrictions are unfairly preventing you from living in a 55+ community, or if you encounter disputes regarding the enforcement of these rules, it might be beneficial to seek legal counsel. Navigating the legal complexities of 55+ community regulations requires a nuanced understanding of federal, state, and local laws.

Joseph Hughes, a Fort Lauderdale litigation lawyer specializing in real estate, can help address these legal challenges. Experienced legal representation can ensure your rights are preserved while navigating the intricate regulations of 55+ communities.

FAQs on Exceptions in 55+ Communities in Fort Lauderdale and Broward County

Question	Answer
Can individuals under 55 live in a 55+ community?	Yes, in certain cases such as younger spouses, caregivers, or medical needs. These exceptions are evaluated on a case-by-case basis.
What are the legal requirements for 55+ communities in Florida?	Communities must meet HOPA guidelines, which include having 80% of units occupied by individuals 55 or older and adhering to age verification policies.
How can I challenge age restriction policies?	Consulting with an experienced real estate litigation lawyer like Joseph Hughes can help you understand your rights and the best course of action for your situation.
Do 55+ communities allow for temporary exceptions?	Yes, some communities permit temporary exceptions, allowing younger individuals to stay for defined short periods.

Local Resources in Fort Lauderdale and Broward County for 55+ Communities

Resource	Contact Information
Florida Housing Finance Corporation	floridahousing.org
Fort Lauderdale Housing Authority	hafl.org
Broward County Area Agency on Aging	adrcbroward.org
Florida Department of Elder Affairs	elderaffairs.org

Firm Overview: Joseph Hughes Real Estate Law

If you are dealing with real estate litigation issues in Fort Lauderdale or Broward County, Joseph Hughes Real Estate Law provides the expertise you need. Based at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316, Joseph Hughes specializes in navigating the legal landscape of real estate disputes, including those involving 55+ communities.

Contact Joseph Hughes at (954) 256-5125 or visit jhugheslegal.com for guidance tailored to your specific situation.