Can HOA require a copy of the lease?

leighann

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10:05p, 7/22/24

AG

I have a rental property located in Houston, which the HOA has determined is in violation of deed restrictions because I have not given them a copy of the lease. The house and yard are well maintained, and have been rented by the same family for the last 4 years.
This rule was added to their deed restrictions a few years ago; is this legal?
It's a busybody HOA and I don't want to give them any information I'm not required by law to provide.
I realize I probably need to see a lawyer, but does anyone have any experience with this?
Thank you!

Ryan the Temp

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10:38p, 7/22/24

AG

Short answer, yes. Check the HOA Bylaws and Rules/Handbook. Those are different than actual deed restrictions, but by acquiring the property you are held to the HOA rules the same way you are held to deed restrictions.

If there is information you are not comfortable providing the HOA, redact it and see if they make an issue about it being redacted.

ETA: The HOA rules probably have something in them like this: "all leases must be in writing, must be made subject to the Documents, and an Owner shall provide the Board with a copy of each lease of such Owner's Unit upon request of the Board; (vii) any lease must contain a provision showing that the lessee has read and shall comply with all provisions of the Documents, including these Rules;"

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leighann

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In reply to Ryan the Temp • 10:46p, 7/22/24

AG

Thank you for your response.
I can provide it, but they are requiring information such as tenant's drivers license number, date of birth, license plate information, and it seems like overreach.

Edit: from everything I've read on SB 1588, it seems the HOA can only request tenant contact information and lease beginning and end dates, with some of the changes to the law in 2021. I want to follow the law, but don't want to give them any information I'm not required to provide.

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Ryan the Temp

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In reply to leighann • 11:15p, 7/22/24

AG

leighann said:
Thank you for your response.
I can provide it, but they are requiring information such as tenant's drivers license number, date of birth, license plate information, and it seems like overreach.

Edit: from everything I've read on SB 1588, it seems the HOA can only request tenant contact information and lease beginning and end dates, with some of the changes to the law in 2021. I want to follow the law, but don't want to give them any information I'm not required to provide.

The text is:

Quote:
(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.

https://capitol.texas.gov/tlodocs/87r/billtext/html/sb01588f.Htm

I used to work in the arena of code enforcement and compliance in Houston and HOA questions came up from time to time. One thing I learned was if the language in the HOA rule conflicts with State Law, State Law wins and the rule is unenforceable.

Is it possible the HOA doesn't know the law changed? They might need to talk to whichever lawyer drafted the rules for them and do some cleanup.

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CapeAggie89

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In reply to Ryan the Temp • 8:05a, 7/24/24

AG

Ryan the Temp said:

I used to work in the arena of code enforcement and compliance in Houston and HOA questions came up from time to time. One thing I learned was if the language in the HOA rule conflicts with State Law, State Law wins and the rule is unenforceable.

Is it possible the HOA doesn't know the law changed? They might need to talk to whichever lawyer drafted the rules for them and do some cleanup.

This, even it the HOA has a rule in the covenants, State law wins if it contradicts it. A lot of HOA's don't review their rules and update to current laws and don't know the changes.

leighann

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In reply to CapeAggie89 • 11:46a, 7/24/24

AG

Thank you!
It seems the HOA hasn't changed their rules to comply with the state law.
I haven't made any headway with the HOA management staff person, but I'm going to see if it can be resolved with the board instead of through attorneys.
Thank you for your reply!