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Southeast Florida 55+ Condos

Housing for Older Persons Act of 1995 (HOPA)

The Housing for Older Persons Act of 1995 (HOPA) is an exception to State and Federal Fair Housing Laws that permit Associations to operate as “55 or over” communities. To qualify for this exemption, the following criteria must be met:

1. At least 80% of the units must be occupied by at least one resident over the age of 55;

2. The community must publish and adhere to policies and procedures demonstrating an intent by the Association to provide housing for persons 55 years of age or older;

3. The Association must engage in appropriate age verification procedures which includes a community census from time to time.

The remaining 20% unit exclusion is designed to allow Associations to permit exceptions when appropriate. Some exceptions might be if a couple reside in a property, one is 55 and the other not, and the resident that is over 55 passes away, or the couple gets divorced, etc. The 20% exclusion is meant to provide Associations a means to responsibly navigate through exemptions that might need to be made while remaining within the HOPA regulations.