California 55+ HOA Rules: Age Limits, Caregivers and Guests
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Key takeaways
- One senior per home is the core rule. California generally lets a 55+ community require at least one resident aged 55 or older in each home.
- Some younger residents are protected. Qualified permanent residents, such as a spouse or a resident aged 45 or older, can generally live there too.
- Caregivers are allowed. A live-in caregiver providing substantial care to a senior resident is generally permitted.
- Guests get a minimum stay. The CC&Rs generally must let younger guests stay at least 60 days in any year.
- Rules cannot be stricter than the law allows. A community generally cannot exclude residents the statute protects.
You are buying into a 55+ community, or your adult son needs to move in after a job loss. Can the association stop him? California 55+ HOA rules come mainly from Civil Code §51.3 and the community’s CC&Rs, with federal law in the background. This guide, part of our series on HOA rules and regulations, explains who must be 55, who else can live in the home and how disputes are handled.
What makes a California HOA a 55+ community?
In short: it must qualify as senior housing under state law and operate as one.
California’s Unruh Civil Rights Act generally bars age discrimination in housing, but it makes an exception for senior housing. Under Civil Code §51.3, a senior citizen housing development generally has at least 35 dwelling units and is restricted to residents aged 55 or older. Smaller communities can generally qualify only for residents aged 62 or older.
Federal fair housing law has its own senior housing exemption. For 55+ housing, at least 80 percent of occupied units generally must have at least one resident aged 55 or older, and the community must publish policies showing that intent. California 55+ HOA rules must work with both sets of rules, so many associations verify ages when owners move in.
Who must be 55 or older?
In short: generally, at least one resident in each home, called the qualifying resident.
The CC&Rs of a 55+ community generally must set out its age limits. Under §51.3, those limits generally require at least one senior citizen, or qualifying resident, in each home. A community generally cannot require every resident to be 55 or older.
Courts generally enforce valid age restrictions once a senior community is properly established. In Huntington Landmark Adult Community Assn. v. Ross (1989), a California court upheld a 55+ age restriction against an Unruh Act challenge and refused to let a younger resident stay. So read the occupancy section of the CC&Rs before you buy or move anyone in.
Who else can live in a 55+ home?
In short: qualified permanent residents, permitted health care residents and, for a limited time, guests.
A qualified permanent resident is generally someone who lived with the qualifying resident before that person’s death, hospitalization or other long absence. That person generally must also be 45 or older, or a spouse, cohabitant or person giving primary physical or economic support to the senior. This lets a younger spouse generally stay in the home.
California 55+ HOA rules also protect certain adult children and grandchildren with a disability. A disabled child or grandchild who needs to live with the senior because of the disability can generally be a qualified permanent resident. Associations generally may use reasonable, consistent procedures to verify eligibility, so ask what documents the board requires.
Younger guests also have protection. Civil Code §51.3 generally requires the CC&Rs to let younger guests stay for periods totaling at least 60 days in any year. Your CC&Rs may allow more, so check how days are counted and any registration rules.
Can a caregiver live with you?
In short: generally yes, if the caregiver provides substantial live-in care to a qualifying resident.
A permitted health care resident is generally a person hired to provide live-in, long-term or terminal care, or a family member providing that care. The care must be substantial, covering medical treatment, help with necessary daily activities or both. The statute generally places no age limit on the caregiver.
If the senior is away for hospitalization or necessary medical treatment and expects to return within 90 days, the caregiver can generally stay on a written request. On another written request, the board may allow up to 90 more days. Ask for the board’s decision in writing.
Is your 55+ HOA trying to remove a family member or caregiver?
Send us the CC&R occupancy section, any age verification forms, the association’s letter or violation notice, and a short note on who lives in the home and their ages. We can give you an initial read in one conversation on your options.
What happens after the senior resident dies or moves out?
In short: a qualified permanent resident can generally stay, but others may have to leave.
A qualified permanent resident’s right to stay is built for this situation. A younger spouse, cohabitant or resident aged 45 or older who lived with the senior can generally remain after the senior’s death or long absence. That protects many surviving spouses from losing their home.
A caregiver’s right to stay is tied to providing care, so it generally ends when the care ends. Other younger occupants who do not qualify generally have no statutory right to stay, and the CC&Rs decide how much time they get. If you inherit a 55+ home but do not qualify to live there, you may still own it, rent it where allowed or sell it.
Can California 55+ HOA rules be stricter than the law?
In short: generally not stricter than §51.3 allows for residents the statute protects.
Under §51.3, the CC&Rs generally cannot be more restrictive than requiring one senior per home. A rule that bars all qualified permanent residents, or all caregivers, may be unenforceable. An association can still set reasonable rules on registration and proof of age.
Age rules must also be applied evenly. If the board lets some younger residents stay but targets one family, see our guide on how to prove selective enforcement. A request to keep a support animal follows separate rules, covered in our guide to emotional support animals and HOA rules.
How do you challenge a decision under California 55+ HOA rules?
In short: respond in writing, ask for a hearing and use internal dispute resolution before court.
Read the notice closely and reply in writing with proof of age and residency. Before imposing a fine or other discipline, the board generally must give written notice and a chance to be heard (Civil Code §5855). Our guide to an HOA violation notice covers how to respond.
You can also request internal dispute resolution, which an association generally cannot refuse and cannot charge for (Civil Code §5915). If enforcement started after you complained about something else, our guide to HOA retaliation may help. Owners in North County senior communities can also see our Oceanside HOA lawyer page.
Ready to Protect Your Rights?
Whether your HOA is challenging a younger spouse, a caregiver or a family member with a disability, we can help. We will review the CC&Rs, the age verification records and the notices, and give you our assessment of your options. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
No. California generally requires only one qualifying resident aged 55 or older in each home. Qualified permanent residents and caregivers can generally live there too.
Generally yes. A spouse or cohabitant who lives with the qualifying resident can generally be a qualified permanent resident under Civil Code §51.3.
Only if they qualify. An adult child aged 45 or older, or one who needs to live with you because of a disability, can generally qualify. Others are usually limited to guest stays.
The CC&Rs generally must allow younger guests to stay at least 60 days in any year. Some allow more, so check your documents for the exact limit and any registration rules.
Generally not as the only occupant. The home generally must still have a qualifying resident, and the CC&Rs may also limit rentals.
Some do. Riverside County has its own statute, Civil Code §51.11, which applies only there and sets a lower unit minimum than §51.3. Check which section your CC&Rs cite.
Conclusion
California 55+ HOA rules generally require one resident aged 55 or older in each home and protect certain younger residents. Spouses, cohabitants, residents aged 45 or older, disabled children and caregivers can generally live there. Younger guests generally must be allowed to stay at least 60 days in any year.
Read the occupancy section of your CC&Rs, keep proof of age and residency, and respond to any notice in writing. For the wider framework, see our Davis-Stirling Act guide, or contact our HOA dispute resolution team.
Disclaimer: This article provides general information about California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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