Why Your Quiet Home Has Special Rules

Imagine you are enjoying a quiet afternoon when your grandkids arrive for a summer visit. A member of the management committee might stop by to remind you of the occupancy rules. It can feel like an intrusion into your private life. However, these rules are actually a shield for your community. They protect the specific lifestyle and legal standing of your neighborhood under the Housing for Older Persons Act of 1995 and the Utah Condominium Ownership Act.

Why Age Limits Are Not Discrimination

Age-restricted communities are special legal groups. They are protected by a federal law called the Housing for Older Persons Act of 1995, also known as HOPA. Typically, federal fair housing laws do not allow communities to discriminate against families with children; however, HOPA allows specific senior communities to legally restrict occupancy to residents aged 55 or older (or, in some cases, to 62 or older). In fact, HOPA specifically requires certain things to maintain the community's status, including:

• At least 80% of occupied units must have at least one resident who is 55 years of age or older,
• The community must publish and consistently follow written policies that show its intent to be age-restricted housing, and
• The community must use reliable procedures, such as surveys, affidavits, or government-issued identification, to verify that residents meet the age requirement.

A community must meet all three requirements simultaneously to maintain its protected status and enforce age-based restrictions legally. This legal carve-out is valuable because it keeps your neighborhood focused on the lifestyle you chose.

How Does This Work in Your HOA?

Changes in your family status: Each community has some discretion to adopt and enforce the requirements of HOPA. For example, they can choose to allow temporary stays by a grandchild or younger family member. They can allow a grace period if a resident becomes pregnant. Or they can decide not to allow any exceptions, in which case, a change in family status could result in a notice of violation and a potential requirement to move. If a resident becomes pregnant, adopts a child, or takes custody of a grandchild, be sure to talk with the management committee so you know the rules of your own community. 

Rentals: Section 57-8-10.1(4) of the Utah Condominium Ownership Act allows a 55+ community to set residency age requirements for rentals that comply with HOPA. If they do, the management committee is required by law to verify the ages of people living in the community to keep their HOPA protections. Generally speaking, HOAs cannot request information like age verification from prospective renters; however, under Section 57-8-10.1(9)(b) of the Utah Condominium Ownership Act, the management committee in a 55+ community can request documentation like a driver's license to ensure the community meets age quotas.

The HOA Ombudsman Office only handles matters of state law. For more information about HOPA or the federal Fair Housing Act, see https://www.hud.gov/helping-americans/fair-housing-act-overview.