HOA's and Vacation Rentals

[Davis Bell]

I own a Lake House in Texas and decided to list it on Homeaway to offset cost when we don't use it. To my surprise, it took off! My HOA states no leases less than 6 months. Talking with multiple people in real estate and real estate law, I can not get a clear answer as to whether or not vacation rentals are actually leases. There is no lease agreement between myself and my guests. SO, I am trying to see if anyone has an idea if vacation rentals can be considered leases without a written agreement and if they can, how much authority does an HOA actually have to stop me from doing it? There are other properties in my neighborhood listed on the same site that the HOA is aware of. I have spoken with the owners of these properties and they have stated they will continue to rent regardless of current rules. Thank you in advance.

[Jerel Ehlert]

Recent Texas Supreme Court recently struck down Austin's ordinance against short-term rentals. It doesn't necessarily strike down all HOA rules, but a good precedent to stand on. Also should affect the short-term sale-leaseback when people sale. I generally despise HOAs. See,

https://www.texastribune.org/2018/05/25/airbnb-homeaway-texas-supreme-court-ken-paxton-austin-ordinance/