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HOA restrictions on rentals

3,108 Views | 7 Replies | Last: 9 mo ago by Diggity
04.arch.ag
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AG
Looking at some property as a second home but it would be nice to supplement a little bit as a AirBnB. Restrictions on the property say no commercial or businesses and even state "motels and tourist courts" are considered businesses. Some of the other places we have looked at have explicitly said no short term rentals or a 30 day minimum on leasing. This one just has a vague description for businesses. Getting mixed results in my searches on whether they could use that to restrict short term rentals. Anyone deal with something similar.
Diggity
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AG
Have you talked to the HOA?

Might be something you could research on their neighborhood facebook or nextdoor page.
Missouri Boat Ride
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AG
concur with contacting HOA. Canyon Lake by any chance? I see that term "motels and tourist courts" referenced in that area in a few deed restriction documents. Perhaps it was just the vernacular of the time.

ETA: I typically pull up AirBnB and other vacation rentals to see if any properties come up in that development for an initial idea if allowed or not.
04.arch.ag
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AG
its not Canyon Lake but an older development on the Llano River just outside of Llano. Covenants are from 2006 so pre AirBnB. The HOA guy called me back and essentially said the language was vague but if we were to do it they would likely bring it up in their next meeting and get that written in. Most of the folks out there are retired couples who live there full time so it would be an up hill battle.
Got a Natty!
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AG
Last November the Texas Supreme Court ruled in favor of homeowners who want to rent out their houses like a VRBO. However, the court left HOAs ways to limit that. Check with your HOA.
Joseydog
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AG
Whether you can rent the property depends on the specific language of the HOA agreement. The Texas Supreme Court case referenced above decided that the HOA agreement did not prevent renting the property. The court made its ruling using standard contract interpretations guidance.

I don't think the Supreme Court case will help you because the case involved the narrow interpretation of the meaning of "single family dwelling." Since the term "single family dwelling" was not defined in the HOA agreement, the court held that "single family dwelling" referenced the type of construction of the dwelling (a stand alone house v. apartment type housing) as opposed to the individuals that actually resided in the house. Given this, the court held that the HOA could not prevent a homeowner from renting property based upon a clause in the HOA agreement stating that properties subject to the HOA were "single family dwellings."
tgivaughn
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AG
The SOP has been to canvass the neighbors and obtain signatures that OK your specifics of use.
This usually serves as The Law unless it must be submittted to a higher authority for signatures, e.g. ACC/HOA, ordinances (and even state - a long shot and seems not relevant here).

This has worked to admit O-Office or PA- Professional/administration w/low traffic .... in an R-1 zone or two, while frat-houses usually don't make it. That's as close to an AB&B I have.

AI chimes in strongly defining your goals as a business
https://rebrand.ly/78c7cc
Gotta draw since me got no grammar MasterArch '76
Diggity
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AG
6 year thread bumps always helpful
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