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BPOA v. Hays Short-Term Rental Lawsuit

I have posted the chief pleadings and briefs in Briarcliff Property Owners Association, Inc. v. Marvin William Hays, Jr., Cause No. D-1-GN-11-002233 (Travis County 98th Judicial District) so that others interested in the short-term rental issue may benefit from all the arguments made in that case.

The court invalidated the Briarcliff HOA's short-term rental ban on March 14, 2012, but the HOA continues in its lawsuit against one homeowner. Read More...
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Short-term rental ban rejected by Travis County court

In a clear victory for homeowners and property rights, a Travis County court has rejected an HOA ban on short-term rentals. Briarcliff Property Owners Association, Inc. v. Marvin William Hays, Jr., Cause No. D-1-GN-11-002233 (Order of March 14, 2012). Read More...
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Leasing Cap at Downtown Austin High-Rise Condo Invalid

Where the filed condo declaration explicitly granted owners the right to lease, and a condo board enacted a rule that denied 70% of unit owners that right by means of a "lease cap," an arbitrator has declared the rules inapplicable to plaintiffs, who purchased prior to the effective date of the lease cap. The arbitrator's award states that amendment to the declaration is required to impose a lease cap. Read More...
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Downtown Austin Condo Buyers, Beware!

Some downtown Austin condos assert they can impose leasing caps without getting a super-majority of owners to amend the filed declarations. Their arguments don't stand up to scrutiny. Read More...
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