Texas Home Owners Association Bylaws

UPDATED: Sep 30, 2022

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Texas Home Owners Association Bylaws

How does homeowner’s family challenge Texas Homeowners Association Bylaws? Owner is in Assisted Living facility and needs to rent her home. Her HOA bylaws prohibit anyone living in home other than owner. Family is requesting copies of all bylaws since mom moved in gated community 15 years ago.

Asked on June 7, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't "challenge" them the way you seem to indicate: it is legal (and fairly common, actually) for the bylaws or HOA rules to prohibit renting the units out, and such restrictions are perfectly legal. There is no basis for overturning such a restriction in court. The only way to change them is to get enough people on the HOA board who agree with you, who will vote to change them, which will obviously take time (even if it's possible: you may not ever persuade enough people to vote to allow rentals). Rather than renting out her home, you may need to consider simply selling it.

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