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55+ Communities in Sonoma County: Rules, Places and Buying

A 55+ community in Sonoma County is housing that may legally limit who lives there by age, an exception to fair housing laws that otherwise forbid age and familial-status rules. California allows it for a “senior citizen housing development” of at least 35 units under Civil Code 51.3, and federal law allows it for “housing for older persons” where at least 80% of occupied units house someone 55 or older. Oakmont Village in Santa Rosa is one example, and Petaluma zones five mobile home parks as senior parks.

The label “55+” on a flyer is not what makes a community age-restricted. The governing documents, the community’s practices and its age verification records do. This guide explains the state and federal rules, who may live in a unit, which Sonoma County communities we have confirmed, what to read before you buy, and how the sale of a home in one works. For the rest of the county, see our Sonoma County real estate guide.

What “55-plus” means under the law

Two sets of rules apply at once, and a community generally needs to satisfy both. Federal law exempts qualifying senior housing from the Fair Housing Act’s familial-status protections. California’s Unruh Civil Rights Act separately bars age discrimination in housing, with its own senior housing exception.

QuestionCalifornia (Civil Code 51.2 and 51.3)Federal (42 U.S.C. 3607(b) and 24 CFR part 100)
Minimum age55 or older in a senior citizen housing development; 62 or older otherwise55-or-older housing, or housing solely occupied by people 62 or older
How many units must qualifyGoverning documents may require one qualifying resident per unit, with others in listed categoriesAt least 80% of occupied units must have at least one person 55 or older
SizeAt least 35 dwelling units (mobilehomes are excluded from the definition of a dwelling unit)No unit minimum in the statute
IntentBuilt, substantially rehabilitated or renovated for seniors; pre-1985 housing can still qualifyMust publish and adhere to policies showing intent to operate as 55+ housing
VerificationSet by the governing documentsSurveys or affidavits, updated at least every two years

Civil Code 51.2 also requires senior housing to be designed to meet the physical and social needs of older residents. For housing built on or after January 1, 2001, it presumes that standard is met by features such as wheelchair-width doors and halls, grab bars in common walkways, step-free access to units and common areas, and at least one common room. Housing built before February 8, 1982 can qualify without the design requirement if it meets the other criteria.

Civil Code 51.4 adds a transition rule. A person who lived in a senior development before January 1, 1990, where the development relied on the design exemption before January 1, 2001, keeps the right to stay.

Who can live in a 55+ home

Under Civil Code 51.3, the governing documents can be no stricter than requiring one “qualifying resident” per unit. The statute then lists who else may live there:

  • Qualifying resident. A person 55 or older who intends to live in the unit as a primary residence.
  • Qualified permanent resident. Someone who lived with the qualifying resident before that person’s death, hospitalization, prolonged absence or divorce, and who is 45 or older or was the spouse, cohabitant or primary supporter. They may stay after the qualifying resident is gone.
  • Disabled child or grandchild. A child or grandchild who needs to live with the senior because of a disabling condition can count as a qualified permanent resident. If the condition ends, the board may require a move on six months’ written notice, or allow up to a year.
  • Permitted health care resident. A paid caregiver, or a family member, who provides live-in, long-term or hospice care. Food and lodging in exchange for care count as pay.
  • Guests. The documents must allow guests under 55 to stay for at least 60 days a year.

A caregiver may also stay while the senior is in the hospital, if the senior expects to return within 90 days and asks in writing. The board may allow up to 90 more days. Removing a disabled resident requires credible, objective evidence of a significant threat that a reasonable accommodation can’t address, plus notice and a hearing.

Individual communities can be less exclusive than the statute but not more. So the answer to “can a relative under 55 live with me?” depends on both Section 51.3 and the community’s own rules. This is general information, not legal advice; talk to a California real estate attorney about a specific occupancy question.

How communities verify age

Federal rules expect a 55+ community to prove its status with records. Under 24 CFR 100.307, it must keep routine procedures for tracking each unit’s occupancy and update them by survey or similar means at least every two years. A summary of those surveys must be available for inspection by any person on reasonable request.

The regulation lists documents that count as proof of age:

  • A driver’s license, birth certificate, passport, immigration card or military ID.
  • Another official government document with a comparably reliable birth date.
  • A signed statement by an adult household member, in a lease, application or affidavit, that at least one occupant is 55 or older.

Expect to provide one of these when you buy. HUD’s companion rule, 24 CFR 100.306, looks at how a community describes itself, its advertising, rules, covenants and actual practices. It also says that advertising a property as an “adult community” or for “adult living” is inconsistent with an intent to operate as 55+ housing, which is one reason careful listing language matters.

Age-restricted communities in Sonoma County

We describe as age-restricted only communities whose age-restricted status we could confirm from the community itself or a public code. Ask us about others; we check each one’s documents rather than relying on directories.

Oakmont Village, Santa Rosa

The Oakmont Village Association’s posted age-restriction policy, last revised January 25, 2011, calls Oakmont a senior citizen housing development. It restricts occupancy to a qualifying resident 55 or older under Civil Code 51.2 and 51.3, and notes that older 45-and-over restrictions have not been enforceable since 1984. Oakmont sits on Santa Rosa’s east side along Highway 12 and has a master association plus many sub-associations. Our Oakmont Village guide covers its dues layers, fire history and city services, and our Santa Rosa guide covers the city.

Petaluma’s senior mobile home parks

Petaluma’s zoning code (Section 5.060) maps a Senior Mobile Home Park Overlay, “MH-S,” over five parks:

  • Leisure Lake, 300 Stony Point Road
  • Petaluma Estates, 901 North McDowell Boulevard
  • Royal Oaks, 750 Wood Sorrel Drive
  • Cottages of Petaluma, 576 North McDowell Boulevard
  • Youngstown, 911 North McDowell Boulevard

Each must keep at least 80% of its spaces occupied by at least one person 55 or older. Each must also update its verification records at least every two years and certify compliance to the city’s Housing Director yearly, under penalty of perjury. See our Petaluma guide for the city.

Communities we have not confirmed

Senior-housing directories also label homes elsewhere in the county as 55+, including in Temelec, an unincorporated area of Sonoma Valley. We have not seen a recorded age restriction for Temelec, so this page does not describe it as age-restricted. For any community, ask for the CC&Rs and the association’s occupancy policy before relying on a directory label. Our Sonoma city guide covers the surrounding area.

55+ mobile home parks

Many of the county’s age-restricted homes are in mobile home parks, where you buy the home and rent the space. Civil Code 798.76 lets park management require a buyer to meet an age rule only if that rule complies with federal requirements for housing for older persons. Civil Code 51.3’s 35-unit test doesn’t help a park, because the statute excludes mobilehomes from its definition of a dwelling unit.

So a park’s age rule rises or falls on the federal 80% test, published policies and verification. Space rent, park approval and HCD titling work the same way as in any other park. Our Sonoma County mobile homes guide covers rent ordinances, financing and the purchase steps.

Documents to read before you buy

An age restriction lives in documents, so read them before you remove contingencies:

  1. CC&Rs and bylaws. Find the age clause and compare it with Section 51.3. Look for the qualified permanent resident and guest rules.
  2. The age verification policy. How does the community survey occupants, and what proof will it ask of you at closing?
  3. Budget, reserves and assessments. Look for current dues, any special assessments and the reserve study, plus any sub-association layer.
  4. Rules on rentals, caregivers and guests. These matter if you plan to rent the home later or may need live-in help.
  5. Architectural rules. Accessibility changes such as ramps, grab bars or a walk-in shower may need design approval.
  6. Park documents, for mobile homes. The space rental agreement, park rules and the park’s age policy.

Our guide to how homeowners associations work explains the trade-offs of association living.

Keeping your property tax base: Proposition 19

If you are selling a primary residence to buy in a 55+ community, you may be able to keep its tax base. Since April 1, 2021, Proposition 19 lets a homeowner 55 or older transfer the taxable value of a primary residence to a replacement home anywhere in California, up to three times.

  • Buy or build the replacement within two years before or after selling the original home.
  • If the new home costs more, the excess is added to the transferred value. The comparison allows 100% of the old home’s sale price when you buy first, 105% in the first year after the sale and 110% in the second.
  • File BOE-19-B with the assessor in the county of the new home, within three years of buying it.

Our Prop 19 base year transfer guide works through examples. This is general information, not tax advice; confirm your claim with the county assessor or a tax adviser.

Selling a home in a 55+ community

The age rule shapes the buyer pool, and the sale has to follow fair housing law. A few points we plan for:

  • Describe the rule, not the people. Marketing should state the community’s legal status, for example “a 55+ community under Civil Code 51.3,” and avoid describing who lives there.
  • Order the documents early. Buyers will want the CC&Rs, age policy, budget and assessment statements in the first days of escrow.
  • Coordinate both moves. A seller may also be buying a replacement home. A home sale contingency or a plan to buy before you sell can line up the dates.
  • Family and estate sales. When a trustee, executor or agent under a power of attorney is selling, gather that paperwork first; see probate and trust sales.

Our North Bay downsizing guide covers the tax and timing questions in more depth. Diamond may refer you to partners we work with, such as movers or senior move managers; you’re free to choose any provider.

Questions people ask

What does 55+ mean in a California community?

It means the community may limit residency by age under a legal exception. In California, a senior citizen housing development of at least 35 units can require one resident per unit to be 55 or older. Federal law requires at least 80% of occupied units to have someone 55 or older.

Can someone under 55 buy a home in a 55+ community?

A person under 55 can generally own a home there, but the occupancy rules decide who may live in it. Check the CC&Rs, because ownership and occupancy rules can differ.

Can my spouse who is under 55 live with me?

Usually, yes. A spouse or cohabitant who lives with the qualifying resident fits Section 51.3’s qualified permanent resident category and may stay after the qualifying resident’s death or absence. Confirm the community’s own wording.

How long can guests under 55 stay?

Civil Code 51.3 requires the governing documents to allow guests under 55 for at least 60 days a year. Each community sets its exact limit, so read its rules.

Is Oakmont a 55+ community?

Yes. The Oakmont Village Association’s posted policy, last revised January 25, 2011, restricts occupancy to a qualifying resident 55 or older under Civil Code 51.2 and 51.3, with the statutory exceptions.

Are there 55+ mobile home parks in Sonoma County?

Yes. Petaluma’s zoning code designates five senior mobile home parks. Elsewhere, a park can enforce an age rule only if it meets the federal requirements for housing for older persons.

Will I have to prove my age?

Expect to. Federal rules list acceptable proof, including a driver’s license, passport or birth certificate, and communities must update their occupancy records at least every two years.

Can I keep my old property tax base when I move?

If you are 55 or older, Proposition 19 lets you transfer your primary residence’s taxable value to a replacement home anywhere in California, up to three times, within the two-year window.

Weighing a move into a 55+ community, or selling a home in one? Contact Diamond and we will pull the community’s documents and recent sales for the homes you are considering.

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