Someone on our street did a garage conversion (not allowed by HOA) outside the ACC process which would have denied the application. The situation has been reported to the HOA management company and HOA board. What would be the liability of the association (which is the members money) if an adverse event occurred involving someone staying at the Airbnb? It seems the process to resolve these violations takes months in our neighborhood. In previous Airbnb complaints in houses in the neighborhood the board has taken a position they have no jurisdiction to prevent such transactions.

The biggest thing is making sure the AirBNB tenant has no access to HOA amenities, like a pool. If the resident is not in good standing via the ACC denial, that should be enough to revoke amenity access. If it's a gated community, you may need to explore what access the property owner can have in regards to the gate or private streets.

Otherwise the HOA shouldn't have any liability just for the presence of a garage dwelling.

Thanks for the reply

My thoughts were more along the lines of another member of our community suing the HOA for damage to property or assault of the member by a guest staying in the property that will not be allowed to exist in the long term. The HOA is investigating but I am not sure they can/will not allow operating as an Airbnb until the letter/hearing/court etc process runs its course. I know the board is consulting the attorney but I will not have aces to the proceedings

Texas has taken away a lot of power from HOAs. As much as that shields people from overzealous boards it also means they can't easily enforce much when they should. Good luck.