Question:
Can a Texas HOA charge different monthly dues to homeowners that lease their property?
Upcoming HOA meeting proposal is being voted on to change verbiage to state Homeowners that lease their property will pay 3X the monthly due amount.
Is this illegal for an HOA to charge inconsistent dues for this type of property in the association?
The membership would have to cover the fees if the HOA is sued.
– Russell
Answer:
Hi Russell,
In Texas, an HOA cannot arbitrarily charge different monthly dues to homeowners based solely on whether they lease their property unless the association’s governing documents explicitly allow it. The Texas Property Code requires HOA fees and assessments to be applied uniformly unless the declaration or bylaws permit tiered assessments based on property use. Charging homeowners who lease their property three times the standard dues could be legally challenged as an unfair or discriminatory practice.
You might be able to charge a move-in fee and a move-out fee. This fee can cover the damages caused by wear and tear on elevators and stairwells with all the furniture scratching these areas. However, your HOA’s governing documents should also allow for this fee.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
