When you buy a Texas house that is part of a homeowner’s association, you have to abide by certain rules set by the governing body. Many HOA disputes arise because of disagreements between residents and HOAs about what HOAs may enforce. Some such disputes involve homeowners questioning whether their HOAs have the right to screen tenants or impose rental restrictions should you decide to vacate your home and rent it.
Per HOPB.co, the answer to whether a Texas HOA has the right to impose rental restrictions or screen tenants before they move into your property is a bit complex.
When HOAs might be able to set rental restrictions
There is not currently a law on the books that prevents Texas HOAs from imposing restrictions when it comes to renting your property. This suggests that, in some cases, the court may uphold HOAs setting such restrictions if they are in line with the interests of the HOA community-at-large. However, HOAs do not have free reign to impose rental restrictions or screen prospective tenants on just one resident in an HOA.
How HOAs must set rental restrictions
For your HOA to be able to enforce rules relating to screening tenants or imposing rental restrictions, it has to have such rules already on the books. This means your HOA must either include specific information about this subject in its declaration or adopt an amendment stating as much in the same manner it would any other restriction or amendment.
If your HOA does not have a declaration or amendment that allows it to set rental restrictions or screen prospective tenants, you may have legal recourse if it tries to do so anyway.