55 and Over
Housing for Older Persons Act of 1995 (hereinafter "HOPA") established an exemption to the Fair
Housing Act to allow housing facilities and communities, including but not limited to condominiums, to
adopt and restrict minimum age requirements for communities.

Communities desiring to become housing for older persons must comply with legal requirements of HOPA.

The Department of Housing and Urban Development ("HUD") issued a
Federal Register explaining HOPA.

Some of the essential requirements to become and maintain status as a "55 and Over" community is the
following:

1.        The community must be intended and operated for persons 55 and over;
2.        At least 80 percent (80%) of the units must be occupied by at least one person who is of age 55;
3.        The community must publish and adhere to policies and procedures of HOPA that demonstrate    
the intent required by HUD;
4.        The community must comply with Rules issued by the Secretary of HUD including:
      A.        Provide for verification by reliable surveys and affidavits;
      B.        Include examples of the types of policies and procedures relevant to a determination of
compliance with the intent clause referenced herein above.

24 C.F.R. Part 100

Florida condominiums desiring to become 55 and over communities in compliance with HOPA must
register with the
Florida Commission on Human Relations.

For further information, assistance with inquiries, help with drafting and implementing an amendment to
become a 55 and over community and/or other matters, please contact our office and will gladly assist
you.

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