Are Texas HOA's of a 55+ community exempt from the law

Just attended an interesting board meeting where a board member refused to let a homeowner attend electronically (he didn't want to be recorded) who said they don't have to follow any regulations from texas code 209 because we are a certified 55+ community (even tho 209 is referred to in the CC&R and that we were exempt from all that because of HUD.

Can someone shed some light on this please. I was also told that I could not be a board member as I was a winter Texan. And that they needed to discuss in executive session if it would be allowed to attend by phone. That if I was not in attendance for 3 meetings I could be dismissed.

Is this board member correct? That HUD supercedes texas HOA rules and if so, help me find the statute.

Thankyou.

Just because people say what they say doesn't mean it's true, and I doubt that your being a 55+ community would exempt you from federal law. You should have asked that board member for the SPECIFIC citation.

It's not clear to me as to who didn't want to be recorded - the board member or the homeowner. Although there are some laws regarding video/audio recordings of public meetings (HOA and condo meetings generally aren't considered public meetings) and/or private conversations, this is still unfolding because everyone went to virtual meetings because of the pandemic. The board may need to go to the association attorney to get an opinion and the best way to proceed.

The usual hierachy of HOA regulations works like this:

1. federal law
2. state law
3. city/county ordinances
4. HOA declaration
5 HOA Bylaws and CCRs
6. HOA rules and regulations (the ones established by the board IF the bylaws and CCRs give it that authority. Those rules cannot supersede the Bylaws and CCRs)

In some instances, the HOA documents can supersede state law IF the relevant section is more strict than what's in state law. People also need to look at the effective dates - some state laws may only apply to HOAs established after a certain date.

Here's a link to Texas HOA laws - note some specifics apply to condos, so be sure you're looking at the right thing. https://guides.sll.texas.gov/property-owners-associations Start doing some searches and remember, not everything in HOA land is addressed by laws enacted by the state, city, Congress, etc. Neither do the Bylaws and CCRs - for that, you may have to rely on old fashioned common sense.

As for your interest in becoming a board member, read your documents to see what they say regarding "snowbirds". As a practical matter, a board member has to be available for all meetings. It may be they're concerned you wouldn't be in the community long enough to see what's going on day to day - which is a fair question. How do you respond to that? On the other hand, I don't see why you couldn't participate via phone or tablet, and there are other things you can do if you aren't there in person (e.g. review association financial reports as treasurer or administer the community website if you have that skillset).

Start by reading about the "supremacy clause" in the United States Constitution, https://www.law.cornell.edu/wex/preemption

Then keep in mind how ridiculous it would be if any, one conflict between a federal statute section and a state statute section translated to the entire state statute being null and void.

I am very familiar with our bylaws and CC&R. In the 3 years I have been asking for ANY way to be kept informed while we are away, I have also read to Property statutes thoroughly as well as SB1588 that passed 2 years ago. After this episode that was brought on by our frustration, I went back and double checked our governing documents. No restrictions on electronic devices. No restrictions on residency (and Texas Property code 209.00591 (a-1) states that an HOA may NOT require all board members to reside in the neighborhood. No mention of a board members attendance requirements.
TPC 209.0051 owners are allowed to use electronic or telephonic communication if I read it correctly.

It helps to understand what the 55+ designation does. The Housing for Older Persons Act (HOPA) grants these communities an exemption from certain provisions of the Fair Housing Act, specifically the provision that prevents discrimination based on the age of residents (it's not quite that black-and-white, but that's the essence of it).

Importantly, it does not provide other exemptions beyond that. The community still can't discriminate based on other characteristics such as race or other protected class status. And HOPA does not exempt the 55+ community from other laws or requirements - and why on earth would it if HOPA does not address any of those other laws or requirements?

In other words, the 55+ designation is not a Get Out of Jail Free card. Thinking that it is makes me question the board member's judgement and understanding about other things.

Typically the Bylaws say missing 3 meetings with no excuse.