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BillD16 (Texas)
Posts: 953
Posted:
So my ROA (Austin, TX, ~600 SFH) has an Annual Meeting election on June 25th. Today we got word that there is a Special Meeting on June 23rd. The agenda is

Agenda
1.Call to Order
2.Confirmation of Quorum
3.Vote on Amendment of Rules and Regulations
a)Cameras
b)Fencing
c)One Dwelling (home) per Lot
d)Leasing Restrictions
4.Vote on Camera Bids
5.Adjournment

Note there is not owner comment time allocated.

The Leasing Restriction are probably the most "unusual" item:

LEASING RESTRICTIONS
I. Single Family Residential Use Only:
Residential lots may be used, including leased, only for single-family residential use.
Single-family use means use by a group of persons related by blood, marriage or adoption. For
example, rental of a home as a boarding house or other housing for multiple unrelated individuals
is not authorized².

1.1 DEFINITION OF LEASING. A Lot (Lot includes the Lot and all improvements on it) is deemed
“leased,” and its occupants deemed “tenants,” for purposes of this rule and other leasing-related
provisions in the Declaration and the other documents, except when: (i) the Lot is occupied by the
Lot owner and/or a person immediately related to the owner by blood, marriage or adoptionÂł, (ii)
the Lot is vacant, or (iii) title to the Lot is held by a corporation, trust, partnership, or other
legal entity, with the primary purpose of providing occupancy to the current occupant. This
definition applies irrespective of whether there is a written agreement between the Lot owner and
the occupant(s) or whether any financial consideration has been provided for the right of
occupancy. The Association may in the sole discretion of the Board require proof of familial
relation between a Lot owner and occupant, in which case owners must provide such proof in a form
sufficient in the discretion of the Board.
In calculating occupancy, lots are counted uniformly regardless of size. A person is considered a
tenant for all purposes under these rules (including recommended background checks) if that person
stays overnight on the property more than 7 days in any month. Presence on the property at any time
between 11:00 pm and 6:00 am will be considered an overnight stay.

1.2 GENERAL LEASE CONDITIONS. The leasing of Lots is subject to the following general
conditions:

(1) Minimum lease term 30 days. No Lot may be rented for hotel or transient purposes or for an
initial lease term of less than 30 days. If a tenant fails to fulfill the lease term (moves out
early), the property may not be re-occupied by the owner or another tenant until the end of the
lease term without prior approval of the Board, and any replacement lease must be in compliance
with this rule. This is to prevent a situation for example where a Lot is leased “for 30 days” but
in reality is leased for the weekend and the tenant “leaves early” and a lease with another tenant
is then signed, or the owner moves back in. Rental rates must be reasonably consistent with market
rent. For example, a home may not be leased “for thirty days” but the rental amount consistent with
a weekend rental rate.
(2) Advertising. No Lot Owner may advertise the lease of any Lot for a term of less than the
minimum lease term. All advertisements for the lease of a Lot must clearly state that the minimum
lease term required by this rule (or any longer term the Owner wishes to apply). Daily or weekly
rates (or any rate less than monthly) may not be advertised. Fines will be assessed for any
violation of this rule, regardless of whether the advertised Lot is actually leased for a period
of less than the minimum lease term.
(3) No renting rooms. Except as provided in this subsection (3), no Lot may be subdivided for rent
purposes, and not less than an entire Lot may be leased. However, less than the entire Lot may be
leased (for example, a room in a home may be leased) in situations where an Owner lives in the
home along with the renter, and all lease terms otherwise satisfy all leasing restrictions of the
Association, including the 30-day minimum lease term.
(4) Written leases only; mandatory lease provisions. All leases must be in writing, must contain
the names of all tenants and occupants; must expressly provide that tenants are subject to the
declaration, bylaws, and rules of the Association; and must have as an exhibit the rules and
regulations of the Association;
(5) Must provide tenants with Association documents. An owner must provide his tenants with
copies of the governing documents and notify them of changes thereto; (6) Tenants subject to
Association documents. Each tenant is subject to and must comply with all provisions of the
governing documents, federal and State laws, and local ordinances. Owners are responsible for
their tenants and occupants and their guests’ violations;
(7) Owner must provide Association copy of all leases and lease renewals; tenant pet, vehicle,
and contact information. An owner must provide the Association within seven days of occupancy
by a tenant or renewal of a lease (with every new lease or lease renewal – a change of
roommates is a new lease):
(i) a complete and legible copy (electronic copy or hard copy) of the fully-executed
lease, and any lease renewal document(s), both of which must include the name of all
tenants and occupants. Dollar figures and any driver’s license or social security number
or other sensitive personal information may be redacted; and
(ii) current information regarding all pets (breed, age, name, weight) and vehicles (make,
model, color, license plate number) of the tenant(s), and current contact information
including full names, email addresses, and any additional mailing address for all
tenants.

1.3 SCREENING OF TENANTS AND OCCUPANTS. Prior to leasing to anyone or allowing
anyone except the Lot Owner, or an individual related to the Owner by marriage, blood
or adoption, to occupy a Lot, it is recommended that an Owner assess the criminal
background of potential occupants and without limitation obtain a report based upon
Texas Department of Public Safety criminal history and sex offender searches both for the
named tenants/occupants under the lease and all unnamed persons whom the Owner knows,
or comes to know, are occupying or will occupy the leased Lot. (Criminal reports may be
purchased from the DPS website at www.txdps.state.tx.us for a small fee).

1.4 EVICTION OF TENANTS. Every lease agreement on a Lot, whether written or oral, express or
implied, is subject to and is deemed to include the following provisions:
(1) Violation Constitutes Default. Failure by the tenant or occupants or invitees to comply
with the governing documents, federal or State law, or local ordinance is deemed to be a
default under the lease. When the Association notifies an owner of his tenant’s violation,
the owner must promptly obtain his tenant’s compliance or diligently exercise his rights as
landlord for tenant’s breach of lease, including eviction. If the owner fails to obtain the
tenant’s compliance after reasonable notice (at least 10 days notice) from the Association,
the Association has the right, but not the obligation, to pursue the remedies of a landlord
under the lease.
(2) Association as Attorney-in-Fact. Notwithstanding the absence of an express provision in
the lease agreement for enforcement of the governing documents by the Association, each owner
appoints the Association as his attorney-in-fact, with full authority to act in his place in
all respects, solely for the purpose of enforcing said documents against owner’s tenants,
including but not limited to the authority to institute forcible detainer proceedings against
the tenant on owner’s behalf, provided the Association gives the owner at least 10 days’
notice, by certified mail, of its intent to so enforce the governing documents.
(3) Association Not Liable for Damages. The owner of a leased Lot is liable to the
Association for any expenses incurred by the Association in connection with enforcement
of the governing documents against the owner’s tenant. The Association is not liable to
the owner for any damages, including lost rents, suffered by the owner in relation to
the Association’s enforcement of the documents against the owner’s tenant.

1.5 CHANGE OF TENANTS/OCCUPANTS; NO SUBLETTING OR ASSIGNMENT. Unless otherwise provided
in this rule 1.5, change of tenants or occupants during a lease term is a new lease for
the purposes of this rule, and must be permitted and documented as such, with all
documentation submitted to the Association in accordance with this rule. No lease may
be assigned; subleasing is prohibited. However, Owners may request Association consent
to substitute roommates, at least 14 days in advance of any substitution. The Board may
in its discretion consent to any substitution.

[continued in next]

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
BillD16 (Texas)
Posts: 953
Posted:
[continued from previous post]
1.6 FEES AND FINES. Owners leasing their Lots are required to pay all associated fees
of Association management related to lease administration; such fee shall be assessed
to the Lot’s account ledger. Fines may levy in accordance with the Association’s
enforcement policy for any violations of these restrictions. Notwithstanding any
language to the contrary in the other applicable governing documents, the minimum
fine4 for any violation of this leasing rule involving either violation of the
minimum lease term or lease advertising provisions shall be $500/violation. Each day
of a violation related to lease advertising shall be considered a separate violation.
For repeat violations of these provisions (such as leasing on multiple occasions for
a period of less than 30 days), the fines shall escalate in $500 increments. The
Association’s managing agent shall have the authority (absent Board resolution
otherwise) and on a case-by-case basis is directed to implement/levy these fines
for violations of this nature and shall provide any notice required for such levy.

-------------------------------------------------------

2 See also Declaration Article 4, Use Restrictions, restricting use of the Property to
single-family residential use. If a question arises, whether a specific use is considered
single-family use will be determined by the Board in its sole discretion.

3 A situation where an owner lives with an unrelated individual for purpose of companionship or
assistance, regardless of whether the companion or assistant contributes to living expenses, will be
considered consistent with single family use and not considered a lease under these rules.

4 This is the minimum fine. The Board may in its discretion approve a larger fine on a case-by-case basis.

=======

So is it just me, or - well, it seems a bit much. I think part of it allows the ROA to evict tenants in certain conditions. And lock owners uot of their own houses. This started as an attempt to ban Short Term Rentals, and I think it suffered significant 'scope creep'. Have any you seem verbiage like this before? This is going into the Rules&Regulations on a Board member vote.

Personally, I don't care about STRs. I'm not ever sure there is one in the neighborhood. This rule seems to go rather far past just STRs, though.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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