Buying in a 55+ community in the West Valley

The federal Fair Housing Act bars housing discrimination based on familial status, which generally protects households with people under 18. The Housing for Older Persons Act of 1995 (HOPA) created an exemption from that one protection for qualifying "housing for older persons." Arizona's fair housing law has a matching exemption in A.R.S. 41-1491.04.

Housing can qualify in a few ways. The one most planned communities use is the 55-and-older category, which has three requirements:

1. The 80% rule. At least 80% of the occupied units must have at least one occupant who is 55 or older.
2. Published intent. The community must publish and follow policies and procedures showing it intends to operate as housing for people 55 and older.
3. Age verification. The community must verify occupants' ages with reliable surveys and affidavits, and federal rules require that information to be updated at least once every two years.

A separate category covers housing where every resident is 62 or older.

Two points are easy to miss. First, the exemption applies only to familial status. Age-restricted housing still may not discriminate based on race, color, religion, sex, disability or national origin. Second, the 80% figure is a federal minimum, not a promise that 20% of homes are open to anyone. Each community decides in its own CC&Rs and rules how it uses that margin, and many set stricter rules.

Some areas add a zoning layer. Maricopa County has a Senior Citizen overlay zoning district that requires at least one occupant 55 or older in each occupied home and limits how long people 18 and younger may stay. Sun City is one of the communities where county age-restricted zoning applies alongside the deed restrictions.

This is general information, not legal advice. For questions about a specific situation, talk with an Arizona real estate attorney.

The West Valley has several of Arizona's best-known age-restricted communities. Here are five, described by their setting and facilities.

Sun City

Del Webb opened Sun City on January 1, 1960. It's an unincorporated community in Maricopa County. Recreation facilities are run by the Recreation Centers of Sun City (RCSC), which operates recreation centers and golf courses, and deed restrictions are enforced by the Sun City Home Owners Association. See Sun City.

Sun City West

Del Webb began Sun City West in the late 1970s, northwest of the original Sun City. It's also unincorporated Maricopa County. The Recreation Centers of Sun City West run its recreation centers, golf courses, pools, a bowling center and club facilities. See Sun City West.

Sun City Grand

Sun City Grand is a Del Webb community in the city of Surprise that opened in 1996 and was built out in the mid-2000s. It has several amenity centers and four golf courses, managed through its community association. See Surprise.

PebbleCreek

PebbleCreek is a guard-gated 55+ community in Goodyear developed by Robson Resort Communities, established in 1993. Its facilities include the Tuscany Falls Golf Club, the Eagle's Nest clubhouse, a sports and aquatics complex, pickleball courts and a creative arts center. See Goodyear.

Corte Bella

Corte Bella is a guard-gated, age-restricted community with a Sun City West mailing address, built in the 2000s. It's separate from Sun City West, with its own homeowners association and amenity center, and its residents don't use Sun City West's recreation centers. The golf club is privately owned and operates separately from the HOA, with its own membership.

Every community's age rules are a little different. Always read the current CC&Rs and rules for the specific home you're considering.

Recreation facilities are a big part of how these communities are set up, and they're paid for by owners. The structure varies:

• Recreation center assessments. In Sun City, the RCSC charges an annual assessment for each property, whether or not the owner uses the facilities. In Sun City West, owner member dues are charged annually for each person on the deed.
• Membership cards. Access usually requires a resident or member card. In Sun City, member cards go to qualifying deeded owners who are 55 or older (or meet a spousal exemption) and live in the home as their primary Arizona residence. Non-owners, such as tenants, may be eligible for separate cards.
• HOA dues. Separate from recreation fees, many communities also charge homeowners association dues that may cover common areas, front yard landscaping, gates or exterior maintenance, depending on the community.
• Fees at sale. Expect one-time fees when a home changes hands. Names vary: Sun City's RCSC charges a Preservation and Improvement Fee, and Sun City West lists an Asset Preservation Fee and a deed transfer fee. HOAs may also charge transfer or resale disclosure fees.
• Activity and golf fees. Golf, bowling and some clubs may have their own cards or fees on top of basic membership.
• Private clubs. In communities such as Corte Bella, the golf club has its own initiation and dues separate from the HOA.

Fee amounts change and differ by community, so get current figures from the HOA disclosure package and recreation center fee schedule for the home you're buying.

The HOA resale disclosure package you receive after your offer is accepted contains most of these answers. Read it during your inspection period.

CC&Rs and rules

The covenants, conditions and restrictions (CC&Rs) are recorded against the property and bind every owner. Look at the age provisions first, then rules on exterior changes, landscaping, parking, RVs and boats, rentals and pets.

Age rules for co-occupants

Ask who may live in the home with the qualifying resident. Common questions include whether a spouse or partner under 55 may live there, whether there's a minimum age for every resident, what happens to an under-55 spouse if the qualifying owner dies or moves to a care facility, and how the community handles a live-in caregiver. Some communities require a sworn statement of age before or at closing.

Guest rules

Communities set limits on how long guests, especially guests under 18 or 19, may stay. Some also require guest passes or charge daily guest fees to use recreation facilities. If you expect visitors, know the limits before you buy.

Golf cart rules

Golf carts are common in several West Valley 55+ communities. Check where carts may be driven (cart paths, community streets, public roads), whether the community requires registration, decals or insurance, and where carts may be parked or charged. Rules on public roads are set by state and local law, not just the HOA.

Transfer and capital fees

Find out every fee due at closing: recreation center fees, HOA transfer fees, capital improvement fees and resale disclosure fees. Arizona law limits what an HOA may charge for the resale disclosure package. Who pays each fee is negotiated in the purchase contract.

Rentals and future plans

If you might rent the home later, check minimum lease terms, registration requirements and whether tenants must meet age rules.

The purchase itself follows the same steps as any Arizona resale: offer, earnest money, inspection period, BINSR, appraisal and escrow. See the Arizona home buying process for each step. The differences are in the documents. Expect age-verification paperwork, recreation center registration, and more fees on the settlement statement than you might see elsewhere.

Teigh Wade, REALTOR® with HomeSmart Elite Group, HomeSmart, lives in Surprise and works throughout the West Valley. She can help you compare communities by facilities, fees and rules, tour homes, and review documents with you. Use the home search to browse current listings.

Selling in an age-restricted community has a few extra steps:

• Order HOA and recreation center documents early. Know the fees that will show up at closing and who customarily pays each one, then negotiate it in the contract.
• Expect buyers to verify age rules. Buyers must meet the community's occupancy requirements, and the community verifies ages. Your listing should state that the community is age-restricted.
• Plan for inherited homes. Heirs under 55 may inherit a home in an age-restricted community but may not be able to live there under the community's rules. Selling or renting under the rules are common options. Estate and probate questions belong with an attorney.
• Hand over cards and keys. Return or transfer recreation cards, gate remotes and amenity keys as the community requires.
• Prepare the home. Many homes in older communities have original features. A repair plan and staging can help. See the home selling checklist and home staging.

Values vary by home, community and market. For a comparative market analysis, call or text Teigh at 480-550-2871 or visit what's my home worth.