55-plus communities versus all-age master plans in Texas

Summary

Two communities can both attract retirees and still be legally different places to live. One may be housing for older persons, where recorded rules require that a set share of homes include a resident who is 55 or older and limit who may live there permanently. The other may be a master-planned, all-age community with golf, trails and a clubhouse that retirees favor, but with no age-based occupancy rule at all. Advertising, models and sales presentations can make the two look alike, and the legal difference shows up in who can live in the home, who may visit for long stays, how the association verifies ages and who you may be able to sell to.

This guide explains the federal and Texas rules that define housing for older persons, how to tell a governing document from marketing copy, how the pattern looks in published Texas communities, and what to ask for before signing a contract. The rule descriptions come from the federal rule text and the Texas statutes, and the community examples come from each community's own pages as fetched on October 8, 2026. Rules, association policies and sales materials change, so confirm each point against the current recorded documents for the specific community. This guide is not legal advice; a Texas real estate attorney can read a declaration with you.

Key takeaways

• Federally, housing for older persons requires that housing be intended and operated for persons 55 or older, that at least 80 percent of occupied units include a resident 55 or older, and that the community publish and follow age-verification policies. The earlier requirement for significant facilities and services was eliminated in 1995, so amenities do not create legal status.
• HUD's rule requires reliable verification by surveys and affidavits, updates at least once every two years, and says a summary of occupancy surveys must be available for inspection on reasonable request. Phrases such as adult community in advertising do not show an intent to operate as housing for persons 55 or older.
• Texas Property Code Section 301.043 exempts housing for persons 62 or older, certain assisted elderly housing, and housing intended and operated for occupancy by at least one individual 55 or older per unit as determined by commission rules. Confirm the current Texas Workforce Commission rules for specifics.
• Read the recorded declaration, not the brochure. Hill Country Retreat's Article III and Robson's developer disclosure show how age rules are stated, including minimum ages for permanent residents and limits on stays by younger guests, while Sun City Texas, Del Webb Lost Pines and Veramendi are described here as marketed 55+ communities whose governing terms a buyer should request.
• Pecan Plantation, DeCordova Bend and Comanche Trace are all-age communities that retirees choose. Do not assume that a retirement-friendly master plan has an age rule.
• Before you buy, request the declaration, bylaws, rules, fee schedule and a resale certificate, which Section 207.003 requires an association to deliver within 10 business days of a written request, and ask about district notices and age-verification policy.

Housing for older persons and retirement-friendly all-age communities

The Fair Housing Act prohibits discrimination in housing because of familial status, among other protected characteristics, as the Department of Housing and Urban Development explains. The Department of Justice describes the familial status rule this way: with some exceptions, the Act prohibits discrimination against families with children under 18, and some facilities may be designated as Housing for Older Persons (55 years of age). The Justice Department adds that housing meeting the standards of the Housing for Older Persons Act of 1995 may operate as senior housing, and that HUD has published regulations and guidance on those standards. In other words, an age-restricted community is allowed to exclude families with children only because it qualifies for a specific exemption.

A retirement-friendly all-age community is a different category. It does not claim the exemption and does not set age-based occupancy rules. Retirees choose it for the lifestyle, location, golf or lake access, and its neighbors may include working-age adults and families with children. Neither category is better. The first offers a more predictable age mix; the second offers a broader market of buyers and a more mixed neighborhood. The point of this guide is that the label on a brochure does not tell you which one you are buying.

What the federal rule requires of a 55-plus community

The Housing for Older Persons Act of 1995 changed the federal exemption. HUD's final rule, published in the Federal Register on April 2, 1999, explains that a facility or community seeking to claim the exemption for housing for persons 55 or older must show three things: that the housing is intended and operated for occupancy by persons 55 or older, that at least 80 percent of its occupied units are occupied by at least one person who is 55 or older, and that it publishes and follows policies and procedures that show that intent and complies with HUD's rules for verification of occupancy. The rule notes that the Act eliminated the earlier requirement that such housing provide significant facilities and services specifically designed to meet the needs of older persons. A golf course, clubhouse or activity calendar is therefore a marketing feature, not a legal requirement.

The 80 percent test counts occupied units. The rule defines an occupied unit as one actually occupied on the date the exemption is claimed or a temporarily vacant unit whose primary occupant has resided there during the past year and intends to return periodically. It allows some exceptions that do not break the test, including units occupied by employees who perform substantial management or maintenance duties and by people who are necessary to provide a reasonable accommodation to residents with disabilities. Newly constructed housing need not meet the 80 percent test until at least 25 percent of its units are occupied. The rule also says that each community may decide the age restriction, if any, for the units not occupied by someone 55 or older, as long as it meets the intent requirement, and that a community may allow occupancy by families with children.

That last point explains why age rules differ among 55-plus communities. A community may require that every home include a resident of a stated age, set a minimum age for any permanent resident, or limit the length of stays by younger guests. Those are decisions written into each community's own documents, not the federal baseline.

Published policies and age verification

The rule treats intent as something a community shows through its published policies and consistent practice. Among the factors it lists are how the community is described to prospective residents, advertising, lease provisions, written rules and covenants and deed restrictions, the consistent application of procedures, actual practices, and public posting in common areas of statements describing the community as housing for persons 55 or older. It adds that phrases such as adult living or adult community in written advertising or a prospectus are not consistent with the intent to operate as housing for persons 55 or older. A buyer who sees only soft phrases like adult lifestyle has not seen a statement of age restriction.

The rule also requires a verification system. A community must be able to produce, in response to a complaint, verification of its compliance through reliable surveys and affidavits, and must have procedures for routinely determining the occupancy of each unit, including whether at least one occupant of each unit is 55 or older. Those procedures must provide for regular updates at least once every two years. The rule lists documents it treats as reliable proof of age, including a driver's license, birth certificate, passport, immigration card or military identification, or a signed certification by a household member age 18 or older that at least one person in the unit is 55 or older. It also says that a summary of occupancy surveys must be available for inspection upon reasonable notice and request by any person. A buyer can therefore ask a community to show its verification policy and survey summary.

These requirements are the federal framework as HUD published them in 1999. The rule also contained transition periods for communities that were adapting at the time. For a current property, ask the community which policies it follows today.

What the Texas Fair Housing Act adds

The Texas Fair Housing Act is Chapter 301 of the Property Code, and Section 301.0015 transfers the powers and duties under that chapter to the Texas Workforce Commission. Section 301.043 states that the chapter's provisions relating to familial status do not apply to housing that the commission determines is specifically designed and operated to assist elderly individuals under a federal or state program, housing intended for and solely occupied by individuals 62 years of age or older, or housing intended and operated for occupancy by at least one individual 55 years of age or older for each unit as determined by commission rules.

The state statute is phrased differently from the federal rule, which counts 80 percent of occupied units. The statute leaves the details to commission rules. A buyer or attorney who needs the precise Texas standard for a particular community should read the current Texas Workforce Commission rules along with the federal rule rather than rely on a summary. In practice, a community's recorded declaration normally cites the law it follows. For example, the Hill Country Retreat declaration refers to federal or state law and to the federal regulation at 24 CFR 100.305.

Governing documents versus marketing

A recorded declaration of covenants, conditions and restrictions is the document that binds an owner. The Hill Country Retreat declaration, recorded June 30, 2023 in the Official Public Records of Bexar County, is a clear example. Its Article III states that the community is intended to provide housing primarily for persons 55 years of age or older and shall be operated as an age restricted community in compliance with applicable state and federal laws. It states that no person under 19 may stay overnight in any dwelling unit for more than 90 days in any 12-month period, that each occupied dwelling unit must be occupied by at least one person 55 or older, with a continuation allowance for other qualified occupants after the age-qualified occupant's occupancy ends, and that at all times at least 80 percent of occupied dwelling units must be occupied by at least one person 55 or older, calculated as the federal regulation provides. It also directs the board to publish and abide by policies that maintain the community's status.

The definitions matter as much as the headline rule. The declaration defines an age-qualified occupant as a person 50 or older who owns and occupies a dwelling unit and was the original purchaser from the declarant, or a person 55 or older who occupies a dwelling unit, and defines occupy to mean staying overnight in a particular dwelling unit for at least 60 days in any 12-month period. The association's visitor FAQ summarizes the rule more simply, saying that at least 80 percent of occupied homes must include one resident 55 or older and no one under 19 may live there. Where a summary and the declaration differ in wording, the recorded declaration controls. See Hill Country Retreat.

A developer disclosure sits between a declaration and an ad. Robson Resort Communities' legal disclaimer, revised 7/2021, states that housing at any Robson community is intended for occupancy in at least 80 percent of dwelling units by at least one person 55 or older, that all dwelling units are intended for occupancy by at least one person 40 or older, and that no person who has not yet reached his or her nineteenth birthday is authorized to reside permanently in these communities, and it refers readers to the applicable recorded covenants. The Robson Ranch Denton association's governing documents page lists CC&Rs, rules and regulations, articles and bylaws. A buyer should read the recorded covenants for the exact terms, including how occupancy is verified and how guests and grandchildren are treated. See Robson Ranch Texas.

Marketing alone supports only a limited conclusion. Del Webb markets Sun City Texas as a 55+ active adult community, and its HOA page refers to the community's CC&Rs. Del Webb also markets Del Webb Austin at Lost Pines as a 55+ community in Bastrop and Del Webb New Braunfels at Veramendi as an active adult community. Those marketing statements show how the developer presents each community, but occupancy terms are set in the recorded declaration and association rules, which a buyer should request before relying on any age policy. A statement that a community is for people 55 and better is a description, not the document that governs your ownership.

All-age master plans that retirees choose

Several Texas communities attract retirees without being age-restricted. Pecan Plantation near Granbury is an all-age community. The developer's land-sales FAQ describes buyers ranging from young families just starting out to people a couple of years from retirement, and the owners association indexes its recorded section covenants on its governance page; those covenants govern lot-specific rules. See Pecan Plantation. DeCordova Bend Estates, also near Granbury, is described by its owners association as a gated golf-course community whose history began in 1969 as a weekend retreat along Lake Granbury and became an attractive place to live full time. Treat it as an all-age community and confirm any recorded covenants. See DeCordova Bend Estates.

Comanche Trace in Kerrville presents itself as a master-planned golf community suited to growing families, empty nesters and weekend retreaters, and its membership page offers a Junior Executive Golf Membership for which both member and spouse must be 45 or younger. A community that deliberately courts younger members is plainly not age-restricted. Treat it as an all-age, retirement-friendly community and confirm any recorded covenants with the sales center and a title company. See Comanche Trace.

In an all-age community, expect a mix of ages and household types, and do not assume that quiet hours, school-age traffic or pool use will match a 55-plus neighborhood. The advantage is flexibility: adult children or grandchildren may live with you, and the pool of future buyers is not limited by an age rule. The tradeoff is that age mix is not guaranteed by the rules.

What to request before you buy

Ask for the recorded declaration, any supplemental declarations and amendments, the bylaws, the rules, the architectural guidelines and the current fee schedule. Texas law gives buyers a route to these. Section 207.003 of the Property Code requires a property owners' association, within 10 business days of a written request from an owner, a purchaser or a title company acting for them, to deliver a current copy of the restrictions, a current copy of the bylaws and rules, and a resale certificate prepared not earlier than the 60th day before delivery. The statute lists what the certificate must contain, including the frequency and amount of regular assessments, the amount and purpose of any approved special assessment, the total of amounts due and unpaid, capital expenditures approved for the current fiscal year, reserves, the current operating budget and balance sheet, pending lawsuits, a certificate of insurance, known violations, any administrative transfer fee, and a statement of all fees associated with the transfer of ownership.

The statute allows the association to charge a reasonable and necessary fee of up to $375 to assemble, copy and deliver the information and up to $75 for an update, so budget for it and read the certificate before closing. Section 5.012 of the Property Code separately requires the seller of residential property subject to membership in a property owners' association to give the purchaser a written notice before the contract binds the purchaser, stating that the buyer is obligated to be a member and to pay assessments and where to get copies of the covenants. Robson Ranch's association, for example, describes how title companies request resale documentation from the HOA.

For a 55-plus community, add age-specific requests. Ask for the written age-verification policy, how often residents are surveyed, and whether a summary of occupancy surveys is available, since the federal rule says it must be available on reasonable request. Ask how the community treats guests younger than 19, caregivers, an adult child who needs to move in, and a surviving spouse or other household member after the age-qualified occupant leaves. Ask whether the board may change the rules and how the owners vote. Ask how the community handles a home inherited by a younger heir. The Hill Country Retreat declaration shows how specific these provisions can be, so compare any community's text with that level of detail.

Special districts, fees and how to price a community honestly

Age restriction is only one part of the cost picture. The monthly or annual association assessment, club or golf fees, and any special district tax are separate items, and a developer's page often gives none of them. Texas Water Code Section 49.452 requires a person who proposes to sell property in a covered water, sewer, drainage or flood control district to give the purchaser a written notice before the purchaser signs a binding contract, and Property Code Section 5.014 sets out a separate notice for public improvement districts. These are the documents that disclose whether a district tax or assessment applies to a particular lot. See the guide on MUDs, PIDs and special districts and the guide on HOA, condo and club fees and special assessments.

Compare communities on a like-for-like basis: the association's current dues and what they cover, any separate club membership, one-time working capital or transfer fees, and the district tax. Ask for each figure in writing with its effective date, because dues and assessments change. For property tax context, see the guides to property taxes and appraisal districts and to the age-65 homestead exemption and school tax ceiling.

Places where this matters most

• San AntonioA very large Bexar County city and metro hub with a concentrated medical center cluster, a university-hospital district, an international airport, a long-standing military retiree community and a property-tax picture that varies sharply by school district, special district and suburb.
• DentonA Denton County university city on I-35 at the northern edge of the Dallas-Fort Worth area, with two hospitals on its I-35 corridor, a commuter rail line, a 55+ golf community on its south side, and a citywide age profile that is young because of its universities.
• GeorgetownA Williamson County city on the northern end of the Austin corridor, with a historic town center, a hospital and clinics in town, an age-restricted community on its west side, and a property-tax picture that depends on a layered set of local taxing units.
• BastropThe Bastrop County seat in the Lost Pines forest on the Colorado River, with a small downtown, an emergency room in town, a new 55+ Del Webb community under construction, and a wildfire history that any buyer should understand.
• New BraunfelsA spring-fed river city on the Comal and Guadalupe Rivers between Austin and San Antonio, split between Comal and Guadalupe Counties, with two appraisal districts, two main school districts on the tax rolls and an unusually well-documented water and flood picture.
• GranburyA Hood County city on Lake Granbury, a Brazos River reservoir southwest of Fort Worth, with a historic square, a community hospital and a freestanding emergency room, a city-owned airport, one of the older populations in the Fort Worth area, and a property-tax and water picture that depends on Hood County, Granbury ISD and the lake's drought rules.
• KerrvilleThe Kerr County seat on the upper Guadalupe River and the western medical hub of the Hill Country, with a regional hospital, a VA medical center, a large older-resident population, and a July 2026 flood whose recovery the city is still documenting.

Communities where this matters most

• Hill Country RetreatA gated, completely built-out 55 and over Del Webb community at 4550 Del Webb Blvd. in San Antonio, ZIP 78253, with a large amenity center and homes that now change hands as resales.
• Robson Ranch TexasA gated 55+ golf community on the south side of Denton with a 17,500-square-foot clubhouse, 27 holes of golf, a sports and fitness complex, and a homeowners association that publishes its dues and resale fees.
• Sun City TexasA large Del Webb active adult community in northwest Georgetown, marketed as 55+, with three championship golf courses, four fitness centers, eight pools and new single-family homes from $340,990.
• Del Webb Austin at Lost PinesA Del Webb community marketed as 55+ inside The Colony master plan in Bastrop, selling single-family homes in three series from $294,990 while its amenity center is under construction.
• Del Webb New Braunfels at VeramendiA Del Webb community marketed as 55+ at 642 Roark Drive in New Braunfels, selling single-family homes in three series from $327,990 while its larger amenity center is under construction for early 2027.
• Pecan PlantationA gated golf, marina and airpark community of about 3,000 acres south of Granbury, open to buyers of all ages, with a mostly Hood County location, an owners association and, by the Census estimate, a population in which nearly half are 65 or older.
• DeCordova Bend EstatesA gated golf and marina community on Lake Granbury, platted in 1969 and incorporated as the City of DeCordova in the early 2000s, open to buyers of all ages, with an 18-hole championship course and a median age of 54.5 in the Census estimate.
• Comanche TraceA 1,300-acre master-planned golf community just outside Kerrville on the Guadalupe River Valley, with 27 holes, a private club, new and resale homes from the $500s, and no age restriction in its marketing.

Related guides

• Texas MUDs, PIDs and special districts: how to read the bill and the closing disclosure
• HOA, condo, club and special assessments for Texas retirees: what the charges are and what to ask
• Texas property taxes and appraisal districts: how to compare actual total tax bills