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Voluntary HOA vs Airbnb

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songch00

New member
Hello everyone,

I live in a neighborhood where HOA is voluntary and i don't participate. Lately, a neighbor reported to the HOA that i violate deed restrictions for doing Airbnb? Can HOA do anything about it?

This is the link where you can read about their deed restrictions

https://1drv.ms/b/s!Aqiv81klV01N9SFEI5bO1lCP8aHn

Can someone help me decipher it and see what they can do about it? I live in section 3

Also, I came across this article. looks like Texas Supreme Court supports short term rental and stops HOA from harrassing you

https://www.texastribune.org/2018/05/25/airbnb-homeaway-texas-supreme-court-ken-paxton-austin-ordina...
 
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PayrollHRGuy

Senior Member
Deed restrictions and membership in the HOA are two very different things. Deed restrictions are "theirs" they are very much yours. They are part of your deed. Anyone that is being damaged can sue to stop your violations of the deed restrictions.

I didn't read all of the second link, but it seems to be ruling involving a city ordinance, not a deed restriction. Again two very different things.
 

songch00

New member
This is an excerpt from the article

Kenneth Tarr bought a home near San Antonio in 2012, but when his employer transferred him to Houston two years later, he began to rent it out on a short-term basis. His homeowners’ association soon took issue with that, telling him that the practice violated his deed restrictions, which said his home had to be used “solely for residential purposes.”
Tarr and his lawyers argued that short-term rentals did constitute a residential purpose: Visitors ate, slept and entertained themselves as anyone would at home. The homeowners’ association countered that Tarr’s property operated more like a hotel than a home, meaning it was primarily serving a commercial purpose.
“So long as the occupants to whom Tarr rents his single-family residence use the home for a ‘residential purpose,’ no matter how short-lived, neither their on-property use nor Tarr’s off- property use violates the restrictive covenants in the Timberwood deeds,” Justice Jeff Brown wrote Friday for a unanimous court.

Patrick Sutton, Tarr’s lawyer, said Friday’s ruling will apply to homeowners in homeowners associations across the state, most of whom operate under similar deed restrictions — and its impacts may even reach further than that.
 

PayrollHRGuy

Senior Member
You seem to be correct. I don't read all of the articles the paragraph above the picture made me think it was an ordinance issue and not a deed restriction issue. Bad news writing on their part and me in a hurry on mine.

That does seem to apply to cases like yours. I would talk to a lawyer who has full access to both the restrictions and the case that the story is talking about just in case.
 

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