J. Patrick Sutton Cases & Issues Blog

Short-term rental ban rejected by Travis County court

In a clear victory for homeowners and property rights, a Travis County court has rejected an HOA ban on short-term rentals. Briarcliff Property Owners Association, Inc. v. Marvin William Hays, Jr., Cause No. D-1-GN-11-002233 (Order of March 14, 2012).
My client, a homeowner in the Briarcliff subdivision in Travis County, Texas, rents out his second home, located on Lake Travis, for varying terms, generally for fewer than 30 days. The applicable deed restrictions allow renting and contain no limitation on rental periods. Abruptly in 2011, after decades of rental activity in the subdivision, the HOA imposed an outright ban on rentals of fewer than 90 days. When my client refused to abide by that rule, the HOA sued. After filing suit, the HOA changed its position to assert that the ban applied to either 90-days or 30-days, whichever the court determined valid.

The Travis County district court determined that neither ban on short-term rentals was valid. The court determined that the deed restriction's single-family restriction applied, but that there was no minimum rental term imposed.

The district court's order can be found here.
J. Patrick Sutton Cases & Issues Blog