Practice Area

HOA Rental Cap Dispute — When the HOA Limits How Many Homes Can Be Rented

Texas Courts · Ch. 202 & 209

Situation — How This Comes Up

My HOA just adopted a rule capping investor-owned rentals and I was grandfathered in — but now they’re trying to take away my grandfather status.

What You Need to Know First

HOA rental caps and grandfathering provisions are among the most litigated HOA issues in Texas. An HOA that retroactively removes grandfathered status or changes the rules mid-stream faces serious challenges under Texas law.

Full Analysis

Texas HOA rental cap disputes involve questions of retroactive application, grandfathering rights, and the limits of board authority. A rental cap adopted after an owner began renting — or one that removes previously granted grandfather status — is subject to legal challenge.

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