Need Help ASAP with HOA violations (Texas)

My friend currently lives in San Antonio where his parents have bought him a home while he goes to college there. He lives in a 4bedroom home where he rents out the other 3 rooms to his friends.

He told me the HOA is getting on him and his family for violating the land rule regulation stated in the DCCR. Here is what is stated in that section:

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RESIDENTIAL PURPOSES ONLY:

All land included within the property shall be used for "residential purposes" only, either for the construction of private single-family residences, including an enclosed private garage, or as part of the Common Area; provided, however, that only one such private single-family residence may be constructed, or otherwise placed upon any one lot.

The term "residential purposes" as used herein shall be held and construed to exclude any business, commercial, industrial, apartment house, hospital, clinic and/or professional uses, and such excluded uses are hereby expressly prohibited subject solely to the use by each Builder Member of residences within the property as temporary sales offices and model homes for the display and sale of lots and homes within the property and no others.

This restriction shall not, however, prevent the inclusion of "granny flats" or permanent living quarters for domestic servants or to allow domestic servants to be domiciled with an owner or resident.

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He told me that the HOA plans to sue because he is violating their "single family residence" rule. This is the rule set in the DCCR.

Is he really violating this specific rule by having 3 other live with him? Reading this sound more as if theyre speaking on the structure of a unit rather than the actual people living there.

Tell me what you guys think, any help will be useful for him. And do HOAs in Texas have the right to dictate whether someone can rent out rooms even with the owner living there?

What you shared does not appear to be the single-family rule.

At any rate, he may be in violation not only of the HOA's restrictive covenants, but of local zoning rules/laws as well.

I know that in our city, "dorm" houses can only exist in areas specifically zoned for multi-family rentals and sub-leases.

There are all sorts of definitions and details about it, but there were two homes in our subdivision that were in violation, one about 8 years ago and one as recently as last year.

Both times the residents were evicted.

I'm wondering, also, if the behavior of the tenants didn't draw attention to the situation. By that I mean, parking on the street, 4 cars in the driveway, excessive visitors (4 adults with separate sets of friends can cause an awful lot of traffic).

I don't know, I'm just speculating on that, but chances are he will need to either reduce the sub-lets or find another form of income.

Jack,

IMO, your friends may be in violation of the rule which states: ". . .the term "residential purposes" shall be construed to exclude. . .apartment house. . ." By renting 3 BRs to his friends perhaps he is, in the eyes of the BOD, turning his home into an "apartment house".

Is the HOA able to prove that he is charging rent if he say he is not? There is no lease agreement filed.

"The term "residential purposes" as used herein shall be held and construed to exclude any business, commercial, industrial, apartment house, hospital, clinic and/or professional uses..."

What part of this is unclear to someone now attending a university?

Residential use excludes BUSINESS, COMMERCIAL, APARTMENT HOUSE.

Renting rooms whether they be to freinds or someone lving on the street is all three of these.

So the parents buy their kid a home with 4 bedrooms in a residential neighborhood of single family homes, he runs an ad in the local papper looking for people to rent a single room, rents out three rooms finds out this violates the associations standards and now doesn't understand.

And for those who think this is good for the property how would it sit with you it your neighbor rented rooms out with no regard to who these people were or their affect on your neighborhood? Sort of like a SRO.

Wonder how the presence of four college kids living in your own neighborhood would fly???? Having attended college and seen the behavior of some probably not going over well.

Good luck to the association.