Talking about Short Term Leasing in the HOA…Again

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A new case was just decided on August 30, 2022. A homeowner who had been previously renting two residences challenged her HOA, Windermere Lakes HOA, when the HOA decided to amend their deed restrictions to prohibit short term leasing. 


In the case the court lays out three elements that must be met: 1. There must be a right to amend the declarations detailed in the document itself, 2. The amendment must be a correction, improvement, or reformation of the agreement rather than its complete destruction, 3. The amendment must not be illegal or against public policy.


The court applied the rules to the facts and determined that the HOA can amend its deed restrictions to prohibit short term leasing within the community. The court reasoned that the homeowners are put on notice when they buy the property that the deed restrictions can be amended. So, if they buy the properties for the purpose of leasing them, they know that the community may decide to amend the deed restrictions. The homeowner wished to expand the rules to include a reasonableness test. The court refused to do so without Supreme Court input. Bottom line – if the declarations have provisions that allow the declarations to be amended and the amendment is part of the common plan or scheme of the community, then the amendment stands. The amendment is enforceable even on lots that used to short term lease before the amendment. We will see what the Texas Supreme Court says, but the law seems pretty clear.

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By Admin December 1, 2025
It is time to put up holiday decorations!! I love this time of year! The week of Christmas, my family and I go out and look at all of the holiday decorations and lights. But, what about the HOA? Some HOAs, that have the budget for decorations, might put up lights and bows in the HOA common area. Most HOAs hire someone to put and take down décor. I am sure a lot of people wish they could hire someone for their own personal decorations. No one wants to get that dreaded letter from the HOA stating that they need to take down decorations. No HOA wants to be considered a scrooge at the holidays either. I read an article from 2019 where a Texas HOA asked a couple to take down their holiday decorations because they were installed too early. The mother was pregnant with their third child and they needed to put the decorations up early because she was due to have her baby a month later. Oops! I think that whole situation could have been avoided if both parties communicated with each other. Here are some tips regarding how to avoid those uncomfortable situations. Draft guidelines if the declarations allow for it. In those guidelines, the HOA can set a timeline for when decorations can be put up and when they need to be taken down (be reasonable!). The guidelines can also address any nuisance concerns (such as lights and other noisy or distracting decorations that can cause issues). Don’t limit the types of decorations or the subject matter. Limiting some colors or certain types of decorations used in specific religions or cultures can actually open the Association to liability. Using specific identifying words in any guidelines can alienate homeowners. The Association should air on the side of caution when prohibiting decorations and the wording should be broad enough to include everyone. Lastly, communicate with each other! If there are decorations that are causing issues, talk to neighbors about it. If you want to install decorations before the guideline dates, call the HOA or management company. Give them the reason why early installation is needed. The point is to be inclusive and keep the Association safe and happy. I hope everyone is safe and happy during the holidays! 
By Admin December 1, 2025