55+ HOPA Compliance Checklist
A comprehensive guide for Florida Board Members to ensure and maintain age-restricted community status.
Interactive HOPA Compliance Calculator
Do not include vacant units.
Units with at least one person 55 or older.
Current Compliance Rate
1. Governing Documents & Policies
Verify CC&Rs Age Restrictions
Ensure your community's Declaration clearly states it is intended to operate as a 55+ community under the Housing for Older Persons Act (HOPA).
Define the 80/20 Allowance
Confirm that governing documents explicitly outline the rules for the 20% allowance (e.g., minimum age requirements for younger residents, spouses, or heirs).
Establish a Written Verification Policy
Adopt a formal, written policy detailing how the association will routinely verify the ages of its residents.
2. The Biennial Age Census (Every 2 Years)
Distribute Age Verification Surveys
Send out mandatory age verification forms to all occupied units at least once every two years.
Collect Reliable Proof of Age
Obtain copies of valid identification (e.g., driver's license, passport, birth certificate, or a signed affidavit from a household member over 18).
Securely Store Records
Maintain a secure, confidential roster of resident ages. Do not publish this list to the general membership.
Calculate the 80% Threshold
Verify that at least 80% of all *occupied* units have at least one resident who is 55 or older. Vacant units do not count toward the calculation.
3. Marketing & External Communications
Review Community Signage
Ensure entrance signs, billboards, and community center postings clearly identify the neighborhood as a 55+ or "active adult" community.
Audit Website & Real Estate Listings
Check the HOA's official website and communicate with local realtors to ensure the community is consistently marketed as age-restricted.
4. Handling Exceptions & Sales
Screen New Buyers/Tenants Prior to Move-In
Require age verification as part of the standard application process for all new buyers and renters.
Track the 20% Buffer Carefully
Before approving any underage resident (e.g., an heir or younger spouse), verify that the community is safely above the 80% threshold.
Document Hardship Approvals
If the board grants a hardship exception for an underage resident, document the reasoning in the official meeting minutes and update the census roster.
Disclaimer: This checklist is for informational purposes only and does not constitute legal advice. Always consult with your association's legal counsel regarding HOPA compliance.
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