What is HOA ownership restrictions?

Ownership restrictions limit who can own a unit within an HOA or condo association, sometimes tied to age requirements, occupancy type, or other conditions written into the community’s governing documents.

Why does HOA ownership restrictions matter?

These restrictions can shape the whole character of a community, but age restrictions are a special case: a true 55-and-over community has to qualify under the federal Housing for Older Persons Act, with its own occupancy percentages and verification requirements, a different legal bar than an ordinary owner-occupancy preference or a rental cap, which fair housing law evaluates on its own separate terms. Boards need to know which category a restriction falls into before assuming the CC&Rs alone make it enforceable.

When You’ll Run Into This

This becomes relevant during a sale, when a buyer needs to confirm they meet whatever ownership conditions the community has in place.