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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