They are obviously trying to crack down on rentals. So I'm guessing there are many...
I have done some research. It seems a POA, which seems to be the legal term per TPC, can only request name, mailing address, phone and email from a lease.
Quote:
Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS.
(a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
(b) A property owners' association may not adopt or enforce a provision in a dedicatory instrument that:
(1) requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association; or
(2) requires the following information to be submitted to a property owners' association regarding a lease or rental applicant or current tenant:
(A) a consumer or credit report; or
(B) a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
(d) Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.
(e) A property owners' association may request the following information to be submitted to the association regarding a lease or rental applicant:
(1) contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and
(2) the commencement date and term of the lease.
Added by Acts 2015, 84th Leg., R.S., Ch. 1077 (H.B. 2489), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 20, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
It would seem that the resolution flies in the face of Texas Property Code.
Here is the "resolution"...
Quote:
WHEREAS, the Board of Directors believes it to be in the best interest of the Association and its membersto collect and retain certain leasing-related documents, including but not limited to a signed occupancy affidavit,copies of lease agreements, Owner Occupant lnformation Forms, and Governing Document Acknowledgement Forms to be used in the administration of the leasing of Units within the Association;
WHEREAS, the Board of Directors believes it to be in the best interest of the Association and its membersto collect a leasing administration fee to cover the costs incurred by the Association in processing, keepingaccurate and up to date records, and otherwise administering the leasing of Units within the Association;
NOW, THEREFORE, LET lT BE RESOLVED that the Association or Managing Agent shall assess the Ownerof a Unit who has been granted approved leasing status an annual leasing administration fee of one hundred and twenty five/L00 Dollars (5fZS.OO; (the "Leasing Administration Fee"). The Leasing Administration Fee shall be due and payable on the date on which approved leasing status was granted and on each subsequent anniversary date thereof, for as long as such approved leasing status remains in effect. The Leasing Administration Fee may be reviewed and increased, from time to time, in the Board's sole discretion.
The Leasing Administration Fee thereof shall constitute and shall be treated for all purposes as a specificassessment pursuant to the Association's Declaration.
Any Unit Owner who is granted approved leasing status or who, as of the Effective Date, has been granted approved leasing status, shall provide to the Association's Managing Agent a copy of the lease agreement associated with their Unit, the leasing permit associated with their Unit, the Owner Occupant lnformation Form, the Governing Document Acknowledgement Form for the tenant(s) living in their Unit, and any additional documents that reasonably may be required by the Association, as permitted by law.
The Managing Agent is directed to distribute this resolution to all Members of the Association,
The Association acknowledges that enforcement of the Leasing Administration Fee shall be based upon Information that the Association collects from Unit Owners as to approved leasing status.
Seems POA's have no authority to require a lease be submitted for approval and can't require copies of lease agreements or any other "leasing related documents".
Also not clear is "approved leasing status". Maybe they can legally charge this fee, but the reason they state for the fee is keeping up to date on records that they can't legally require.
