homeaway
Another JPS win on short-term rentals
17/06/12 15:59 Filed in: short-term rentals | hoa
On June 14, 2012, a judge in Travis County, Texas clarified a prior grant of summary judgment in favor of my client on the issue of short-term rentals. Under a basic grant of the leasing right under a subdivision declaration, the trial court ruled that whole-house rentals to one family at a time are a residential use, not a business use. The clarification of the prior order completely guts an HOA's attempt to take away both short term and long-term rental rights from owners of the subdivision. Read More...
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Court decisions hold that short-term rentals are not a "business or commercial use" under typical, basic HOA declaration wording
29/04/12 15:43 Filed in: HOA's | short-term rentals
Two very recent cases bolster the other extant cases in holding, uniformly, that a homeowner's engaging in short-term rentals with a residential dwelling house is not a "business or commercial use" under typical, basic HOA wording that grants express leasing rights but does not otherwise regulate leasing. Typically, the only restriction found in declarations -- especially older ones that HOA's haven't amended -- is for "business or commercial uses." That's a common municipal ordinance restriction too. With the rise of HomeAway, VRBO, and other rental and home-sharing sites, short-term renting is a contentious issue. The problem in the HOA context is that many declarations are simply silent as to any leasing restrictions, leading the average homeowner to believe he or she has an untrammeled right to lease out a home for whatever term, short or long, so long as the renters aren't causing problems. If an HOA declaration is silent, an HOA needs to amend its declarations to address the issue. A silent declaration does not allow an HOA to take away rental rights. Read More...
BPOA v. Hays Short-Term Rental Lawsuit
27/03/12 09:47 Filed in: hoa
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...
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...