According to the Foundation for Community Association Research, approximately 30 % of the US population lives in communities managed by the Homeowners Association. This is because of benefits such as shared amenities, social connection, and well-maintained common areas.
However, for such benefits to be achieved, HOA creates and enforces various rules on homeowners. Breaking such rules by the homeowners attracts warnings, fines, and, at worse, an eviction. Before investing in properties, you must understand the rules for rentals in HOA community.
Are you interested in renting a property under an HOA in Katy? Here is a guide on HOA rental regulations in Katy, TX, and how they can impact your property.
Governing Documents
To regulate community life in Texas, an HOA management company uses these documents:
- Declaration of covenants, conditions, and restrictions (CCRS)
- Bylaws
- Articles of incorporation
- Rules and Regulations.
The CCRS contains information regarding architectural requirements and land use. The bylaws cover governance matters, such as board members' election and compensation. The articles of incorporation defines the association's legal position and indicate its name and purpose of formation.
Katy property leasing rules and regulations cover various topics, such as pet policy and noise regulations. Understanding the application of governing documents promotes a smooth stay and protects you from legal liabilities.
Rental Policies
Several laws govern rentals in Texas HOA communities. The first one is the Texas Property Code section 209.016(b), which states that an association cannot adopt rules that:
- Requires rental application to be subject to approval by HOA
- Requires tenants to submit their consumer report, credit report, and rental application to the HOA
Section 209.016(e) under the same code, however, allows HOA to request the following documents from an applicant:
- Contact information such as mailing address, name, and phone number
- Term of lease and its start date
TX community leasing laws do not prohibit short-term rental. However, the HOA or the local municipality can impose short-term restrictions. Therefore, before leasing property, check the declaration on short-term rental restrictions in HOAs.
HOAs in Texas also have the right to set rental caps to limit the number of rented properties in a community. Once the cap is met, other applicants must wait for a vacancy to arise.
HOA Rights in Texas
To ensure the community runs smoothly, HOAs do the following:
- Collect assessments or dues for community upkeep
- Enforce community rules and regulations
- Create bylaws
- Host meetings
- Access to common areas and shared facilities for maintenance and repairs
However, in return, the HOA is expected to be transparent and fair in its rules enforcement and budgeting processes.
Discover the Rules for Rentals in HOA Community In Katy, TX Today
Understanding the rules for rentals in HOA community helps you know the extent of your association's authority. It also protects you from legal liability. With the above homeowners association guidelines, knowing the rental rules becomes easy.
Are you looking for reliable full-service association management services in Katy, Texas? At PMI, we've got you covered. We are a full-service real estate agent management company providing professional property management and brokerage services.
Contact us today to book an appointment.
