Texas HOAs and Rental Rules: Know the Fine Print
/In Texas, HOAs can restrict sales to home rental companies or impose leasing limits only if these rules are clearly stated in their governing documents or CC&Rs. If no such provision exists, the HOA must amend its documents—usually requiring approval from at least 67% of homeowners—before enforcing such restrictions. Similarly, an HOA can require an Occupancy Affidavit listing residents only if it is authorized in the governing documents, does not violate anti-discrimination laws, and is reasonably related to the HOA’s interests. The affidavit must be limited in scope to protect privacy rights.
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