Who Can Live in Province? Age Qualification Basics

Updated September 2026

The federal framework

The Fair Housing Act prohibits discrimination based on familial status. The Housing for Older Persons Act of 1995 creates an exemption that lets a community reserve occupancy for older residents if it meets the law's conditions (42 U.S.C. 3607(b)(2); HUD rules at 24 CFR Part 100, Subpart E). The condition most people know is the 80/20 rule: at least 80 percent of occupied units must have at least one occupant age 55 or older. The community must also publish policies and procedures demonstrating its intent to operate as 55+ housing and must verify occupancy through periodic age surveys. Province meets that framework through its recorded CC&Rs and association policies.

What the association verifies

At a transfer, the Province Community Association confirms that the incoming household meets its occupancy policy, typically through an application or affidavit with age documentation. The association also runs periodic age verification of the whole community, as HOPA requires. The procedures and forms are the association's; the office at 520-568-5316 provides them.

Situations the documents address

These are the questions buyers ask, and each has an answer in the governing documents rather than here:

• A spouse or partner under 55 living with a qualifying resident.
• Adult children or other relatives living in the home.
• A live-in caregiver.
• Visiting grandchildren and other guests, and how long they may stay.
• Renting the home, and the minimum lease term.
• An heir under 55 who inherits a Province home.
• A qualifying resident who passes away, leaving a younger spouse.

Each is handled by specific language in the CC&Rs and policies, and the language can change by amendment. Read the current version.

Buying versus occupying

Nothing in HOPA restricts who may purchase. An adult child can buy a Province home for a parent; an investor can buy one to lease to a qualifying tenant. What the policy governs is who lives there. Buyers whose plan depends on a particular occupancy, a caregiver, a younger spouse, an heir, should confirm the plan against the documents during the inspection period, and where the situation is unusual, with an Arizona-licensed attorney, before the contingency expires.

How to read the documents before you buy

Under Arizona law the seller provides the association's resale disclosure package during the transaction, and the buyer has a review period. Read the CC&Rs section on age restrictions, the current age-verification policy, the leasing policy, and the guest policy, in that order. David Hoos and David Ruiz will walk through them with you and flag anything that needs an attorney. The purchase steps are on the buy page, and the association is described on how Province is managed. Casita homes raise their own occupancy question, covered on a separate guest suite.

To start a Province search, call 520-838-8037 and ask for David Hoos or David Ruiz. David Ruiz works in Spanish and English. Calls, not texts. James Sanson | Real Broker LLC | Licensed in Arizona.