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SandraH17 (Texas)
Posts: 3
Posted:
Our Covenants never addressed Home Rentals. Our homeowners have been made aware of recent home purchases, and the existence of rentals. We need a Home Rental Covenant, and can adopt one, but first need to determine the Restrictions that would go in that Covenant. Specifically what the Rental Cap will be. Two of the three Board Members now believe that they can make the decision on the restrictions for the whole neighborhood. They want the Rental Cap to be higher than the number of rentals we already have. A vote was requested but only "opinions" are being accepted. A meeting was requested between the Board and street representatives, but has been denied. Can the Homeowners take it upon themselves to conduct a Vote if they follow all applicable Texas Property Code Rules regarding Notification of a Vote, and the rules for an "out of meeting" vote?
TimB4 (Tennessee)
Posts: 21,059
Posted:
The easiest rental restriction that minimizes an Associations requirement to enforce is:

No property may be rented during the first x years of ownership.

Suggest x = 2 or 3

This will keep out the investors but allow those who need to rent later an opportunity to do so.

You amendment should also list any penalties for violation otherwise, the only enforcement may be to take them to court.

MichaelS56 (Minnesota)
Posts: 859
Posted:
Tins' suggestion is the advice that our association went with, and it has clarified all issues.
JulieH4
Posts: 75
Posted:
Quote:
Posted By SandraH17 on 06/09/2025 12:06 AM
Our Covenants never addressed Home Rentals. Our homeowners have been made aware of recent home purchases, and the existence of rentals. We need a Home Rental Covenant, and can adopt one, but first need to determine the Restrictions that would go in that Covenant. Specifically what the Rental Cap will be. Two of the three Board Members now believe that they can make the decision on the restrictions for the whole neighborhood. They want the Rental Cap to be higher than the number of rentals we already have. A vote was requested but only "opinions" are being accepted. A meeting was requested between the Board and street representatives, but has been denied. Can the Homeowners take it upon themselves to conduct a Vote if they follow all applicable Texas Property Code Rules regarding Notification of a Vote, and the rules for an "out of meeting" vote?

I'm not sure if this helps but here is what we put in our CCR's: (X meaning our specific neighborhood information)

1. Under no circumstance is the renting of units via Air BNB, VRBO (Vacation Rental by Owner) and other
short-term rentals permitted at X.
2. Payment of all condominium fees, assessments, or fines for the unit to be leased must be current at all
times.
3. All leases must be for a term of no less than one twelve (12) month period. Less than 12-month lease
agreements need Board approval.
4. There shall be no subleasing of a unit without prior written Board approval.
5. Units may be leased only in their entirety; no fraction or portion may be leased without prior written
Board approval.
6. All leases shall require that there be no more than two occupants per bedroom in each unit.
7. No more than 15% of all combined units (X total) to be leased at one time. Owners need to check with
the property manager to make sure leases are not capped out before deciding to rent out their unit.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By SandraH17 on 06/09/2025 12:06 AM
Can the Homeowners take it upon themselves to conduct a Vote if they follow all applicable Texas Property Code Rules regarding Notification of a Vote, and the rules for an "out of meeting" vote?

I don't know the answer, but it seems like responders are not addressing the real question the OP is asking which is can homeowners do an end run around the board and adopt a covenant.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Do your Bylaws specify how owners may (the membership) may call a special meeting of the membes? If not, Texas codes should specify this.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By SandraH17 on 06/09/2025 12:06 AM
Our Covenants never addressed Home Rentals. Our homeowners have been made aware of recent home purchases, and the existence of rentals. We need a Home Rental Covenant, and can adopt one, but first need to determine the Restrictions that would go in that Covenant. Specifically what the Rental Cap will be. Two of the three Board Members now believe that they can make the decision on the restrictions for the whole neighborhood. They want the Rental Cap to be higher than the number of rentals we already have. A vote was requested but only "opinions" are being accepted. A meeting was requested between the Board and street representatives, but has been denied. Can the Homeowners take it upon themselves to conduct a Vote if they follow all applicable Texas Property Code Rules regarding Notification of a Vote, and the rules for an "out of meeting" vote?
This appears to be a continuation of this thread: https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/380988/view/topic/Default.aspx

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