Can you inherit a home in a 55-plus community? Attorney explains what the law says after Jacksonville HOA dispute
A recent legal dispute in Jacksonville highlights a common point of confusion for homeowners. Many residents wonder how they can inherit a property in a 55-plus community yet remain barred from living there. Recent reports involving an Arbor Mill resident show that ownership and occupancy are two distinct legal concepts. Even if you hold the title to a home, you must still follow the age-restricted rules outlined in the community governing documents.
Attorneys point out that age-restricted communities operate under specific federal and state guidelines. These neighborhoods are legally permitted to enforce age requirements as long as they meet established criteria. The governing documents for many of these associations mandate that at least one person in the home meets the age minimum. When a younger owner inherits a property, they often find themselves in a situation where they own the asset but cannot legally reside on the premises.
There is a common misunderstanding regarding the federal 80 percent rule. Under the Housing for Older Persons Act, communities must ensure that at least 80 percent of occupied homes contain at least one person aged 55 or older. This does not grant younger individuals an automatic right to occupy the remaining 20 percent of homes. Each community sets its own ratio, and if the community is already at capacity for younger residents, the association will likely deny occupancy to those who do not meet the age requirement.
Furthermore, these disputes often carry financial consequences for the entire neighborhood. When an association pursues legal action to enforce these restrictions, those costs are frequently passed on to the homeowners. Residents may face special assessments to cover the mounting legal fees of the association. Board members typically hold the authority to approve these assessments, often without a direct vote from the homeowners. This leaves many residents questioning their own financial liability for a conflict they may not support.