What Houston Area Homeowners Should Know About Short-Term Rentals in HOA Communities
Across the Greater Houston area, the rise of short-term rental platforms like Airbnb and Vrbo has sparked both enthusiasm and concern in neighborhoods governed by Homeowners Associations (HOAs). While some homeowners see an opportunity to generate income or welcome visitors to their community, others raise concerns about noise, parking, safety, and the erosion of neighborhood stability.
As one law firm put it, “The jury is still out on short-term rentals—some people love them; others could do without them.”
That firm—Barsalou & Associates—has spent over 30 years representing HOAs and property owners associations across Houston and beyond. Led by Austin Barsalou, a Board Certified attorney in Property Owners Association Law by the Texas Board of Legal Specialization, the firm has helped associations navigate the evolving legal landscape around short-term rentals (STRs), which remains far from settled.
“Short-term rentals present unique challenges for HOAs and are a part of an evolving and nuanced area of the law,” said Barsalou. “A HOA should consult with its attorney before enforcing any restrictions.”
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Can HOAs Regulate Short-Term Rentals?
In Texas, the ability of an HOA to regulate STRs depends almost entirely on its governing documents—the legally binding declarations, covenants, and bylaws that define what homeowners can and cannot do.
“Generally speaking, Texas HOAs can only regulate short-term rentals if their governing documents allow it,” explained Barsalou. That means unless there are specific provisions in place—such as minimum lease terms or restrictions on business activity—homeowners may be free to rent their property on a short-term basis.
If an HOA wants to impose new restrictions on STRs, it typically must amend its governing documents. This often requires:
- Drafting clear, enforceable language
- Notifying homeowners
- Securing approval through a community vote
- Filing the amendment with the county
Because Texas law varies and case law is still developing, HOAs attempting to regulate STRs without legal backing may face legal challenges or liability.
Why It Matters for Homeowners
For single-family homeowners, especially those in growing communities like Tomball, Katy, Cypress, or other parts of Fort Bend and Harris County, the STR debate hits close to home. Some may want to list their properties for extra income, especially near popular attractions or events. Others may be concerned about property values, neighborhood disruption, or frequent turnover of guests.
Whether you're an HOA board member trying to protect the character of your community, or a homeowner wondering whether you can legally operate an Airbnb, understanding the boundaries of HOA authority is crucial.
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A Call for Clarity and Communication
Barsalou & Associates encourages HOAs to take a proactive, informed approach. “A one-size-fits-all answer doesn’t work for short-term rentals,” Barsalou said. “Each HOA has unique documents, a unique culture, and its own long-term vision. The key is to ensure that any enforcement is rooted in sound legal footing and community consensus.”
HOA boards are advised to:
- Review existing deed restrictions and bylaws
- Consult with legal counsel before attempting enforcement
- Communicate openly with residents about community standards
Homeowners should:
- Verify whether STRs are addressed in their HOA documents
- Ask for clarification from their board or property manager
- Seek legal advice before launching a rental business within an HOA
The Bottom Line
Short-term rentals are here to stay, but in HOA communities, the rules surrounding them are still taking shape. With experienced legal guidance and community collaboration, homeowners and boards can navigate this complex issue in a way that respects both property rights and neighborhood integrity.
For more insights or to speak with a Texas attorney experienced in Homeowners Association Law, HOA Board members and community managers can visit barsalou.com.
Tiffany Krenek has been on the My Neighborhood News team since August 2021. She is passionate about curating and sharing content that enriches the lives of our readers in a personal, meaningful way. A loving mother and wife, Tiffany and her family live in the West Houston/Cypress region.
