The court ruled that using a property as a short-term rental did not violate HOA rules unless the rules specifically stated no STRs were allowed. Therefore, HOAs could not cite general clauses, such as no businesses permitted, to prohibit STRs. Instead, the HOA rules must specifically prohibit short term rentals.
The State of Texas does not regulate short term rentals, but it also doesn't restrict the rights of local authorities to introduce their own Airbnb rules.
HOA Rights in Texas The Collection of Fees Known as "Assessments" or "Dues" ... Enforcing Community Rules and Regulations. Access to Common Areas and Shared Facilities. The Right to Create Bylaws. Host Meetings. Property Owners' Associations Must Be Transparent. Fair and Consistent Enforcement of Rules and Regulations.
Yes, it is common for an HOA to shut down an AirBNB. It would have to review the bylaws to see if it is allowed.
Zoning Rules: Most cities or other local jurisdictions have laws that set out the way you can use your home. These rules are often found in a zoning code, planning code, or city ordinances.
Yes, condo associations in Florida have the authority to regulate short-term rentals, but the process is not always straightforward. Associations can amend their governing documents to impose restrictions or prohibitions on short-term rentals, but any such amendment must follow the proper legal procedures.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
Texas has no blanket restrictions on short-term rentals. Prohibitions on such use must come from the HOA or the local municipality.
In order to determine whether the HOA permits Airbnb rentals, it is essential to review the Covenants Conditions and Restrictions (“CC&Rs) and Rules and Regulations implemented in the particular housing complex.
In Fort Worth, residential zoning districts place significant restrictions on the use of properties for short-term rentals. These districts are primarily designated for long-term residential use, which means STRs are not allowed in areas zoned as A-#, AR, B, R1, R2, CR, C, D, UR.