Can an HOA put restriction in their CCR against renting a home in the association

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Can an HOA put restriction in their CCR against renting a home in the association

Our HOA, through a vote of majority
members, restricts a home to be
rented. Is this legal? The HOA is
located on Texas.

Asked on April 20, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, this is legal, so long as they followed all the correct procedures (e.g. had enough members voting, passed the rule by enough members, had provided proper notice before the vote, etc.). Restrictions on renting is well within the general power of an HOA and are not all that uncommon, so the only real question is whether this rule was passed properly.


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