In most cases, yes. Federal rules only require that at least one person in most of the homes be 55 or older, so a couple with one spouse under 55 can usually buy, as long as the community's own rules allow it.
Here's what to check before you fall in love with a home:
Know the federal baseline. Under the Housing for Older Persons Act, a 55+ community must have at least 80% of its occupied homes with at least one resident who is 55 or older. The community also has to publish policies showing it intends to operate as 55+ housing and verify ages.
The other 20% is up to the community. Federal rules let each community decide its own age policy for those homes. Some are flexible. Others are stricter than the law requires.
Read the bylaws and rules, not just the brochure. Look for a minimum age for a second resident, rules on adult children living with you and limits on how long grandkids can stay.
Ask about surviving spouses. If the older spouse passes away, can the younger spouse stay and sell on their own timeline? Get the answer in writing from the HOA or management.
Ask about resale. If your spouse is younger, think about who could buy the home from you later and whether the age rules could shrink that pool.
Have your attorney review the documents during attorney review. In New Jersey that review window is your chance to ask questions before the contract is final.
Hamilton has several age-restricted communities, and the rules vary from one community to the next.
Fred Gomberg is a Seniors Real Estate Specialist (SRES®) with Berkshire Hathaway HomeServices Fox & Roach in Princeton and has helped many couples sort through 55+ community rules before they buy. If you'd like help comparing a few Hamilton communities side by side, reach out whenever it suits you.
