Member Leasing

Membership’s Governing Documents

The Association’s dedicatory instruments, hereafter referred to as our Governing Documents, provisions the Membership the ability to authorize letting agreements between third-party individual(s) and a Member of the Membership. Article 6. § 3. of the Association’s By-Laws outlines this provision (see excerpt below).

As provisioned, it is the responsibility of the Association to establish an application and authorization process. Importantly, it the responsibility of the Association to ensure due-care and protect the Membership’s interest as it relates to this third-party agreement. This process is very important; each Member of the Association should value the integrity and due-care of the application and authorization process.

Excerpt from our By-Laws. Article 6. § 3.

With the express and limited exception of any first mortgagee in possession of a Unit following a default in a first mortgage, a foreclosure proceeding or any deed or other arrangement in lieu thereof, no Owner may lease, rent or let his Unit to any other person or persons without the prior written consent of the Association; any such leasing, renting or letting shall be for single family residence purposes and shall be for a term of no less than six (6) consecutive months in duration; no rooms in a Unit may be rented and no transit tenants accommodated; and any lease shall be in writing and shall contain covenant obligating the tenant to comply with this Declaration and Master Deed.

Texas Uniform Condominium Act (TUCA)

PROPERTY CODE TITLE 7. CONDOMINIUMS
CHAPTER 82. UNIFORM CONDOMINIUM ACT SUBCHAPTER A. GENERAL PROVISIONS
Sec. 82.001. SHORT TITLE. This chapter may be cited as the Uniform Condominium Act.

Sec. 82.102. POWERS OF UNIT OWNERS’ ASSOCIATION. (a) Unless otherwise provided by the declaration, the association, acting through its board, may: (1) adopt and amend bylaws; (2) adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments for common expenses from unit owners; (3) hire and terminate managing agents and other employees, agents, and independent contractors; (4) institute, defend, intervene in, settle, or compromise litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium; (5) make contracts and incur liabilities relating to the operation of the condominium; (6) regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium; (7) adopt and amend rules regulating the use, occupancy, leasing or sale, maintenance, repair, modification, and appearance of units and common elements, to the extent the regulated actions affect common elements or other units; (8) cause additional improvements to be made as a part of the common elements; (9) acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, except common elements of the condominium;