HOA power in Texas post Kenneth Tarr’s Supreme Court case and other court victories

Michael4722
Level 2
Houston, TX

HOA power in Texas post Kenneth Tarr’s Supreme Court case and other court victories

Has anyone had success against their HOA attempting to enforce restrictions on short term leasing or implement amendments against short term leasing? The Farr case out of the Texas Supreme Court classified such restrictions as discriminatory and it also appears several appeals courts have ruled in favor of homeowners against city ordinances of this sort. I am considering reaching out to the Texas Public Policy Foundation as my HOA is trying to implement what appears to be an illegal restriction based on the recent cases from the high court. Opinions? Advice? 

*Not a host due to HOA restrictions but do not believe HOA has power to implement discriminatory restrictions of this sort and precedent on issue seems to favor this analysis. Looking to invest in future properties elsewhere in Texas and would like to see how these issues are being resolved currently as they will continue to be obstacles for many. Should they be? Courts seem to be ruling in favor of Homeowners in Texas on the issue.*

1 Reply 1
Mark3285
Level 1
Amarillo, TX

In the Tarr case the  court specifically said HOAs could amend their bylaws to forbid rentals of less than a specified period.