Texas HOAs can block home sales to rental companies or require occupancy affidavits if their rules explicitly allow such actions.

Q: Can a Texas homeowners association prohibit homeowners from selling their homes to home rental companies? Also, can a homeowners association require its homeowners to sign an Occupancy Affidavit which lists each of the people who reside in the home?

A: Homeowners associations (HOAs) in Texas can impose restrictions on selling homes to home rental companies or on leasing in general, but only if these restrictions are clearly stated in the HOA’s governing documents or Covenants, Conditions and Restrictions (CC&Rs).

There is no state law which prohibits owners from selling to rental companies, so the enforceability of a restriction like that would depend entirely on what is........

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