Today, I want to tell about an ongoing issue that I have decided to pursue. In June of last year, a HOA in a neighborhood where I own property pulled an unexpected move. They passed a resolution, out of the blue, that banned all leasing — no exceptions, no considerations for existing leases. It was as if they were playing God. I was shocked. I called the President (a local real estate broker who owns rental property) and told him about the Texas Property Code violations they’d made by not noticing and having a meeting. He laughed me off, so the lawsuit(s) began.
You see, at the time, I had already moved out of the house to take care of my in-laws and had leased it out. But the HOA seemed to have no regard for the situation or the rules, for that matter. It wasn’t just a simple breach of bylaws; they flat out violated the Texas Property Code. Their overreach has forced me into a lawsuit, a battle I didn’t want, tried to avoid, but I’m prepared to fight.
This battle is not just about me; it’s about all of us who believe in fair play and the rights of property owners. It’s about standing against arbitrary and capricious actions by an HOA, actions that disrupt lives and upset carefully laid plans.
Imagine being an investor who purchased a property with a DSCR loan at a great interest rate in 2020 – 2021. Now imagine an HOA suddenly banning leasing, which would prevent you from leasing the property. Since it’s a DSCR loan, you can’t move into it, so what option do you have? Not only does this cause a potential mortgage default, but it also forces you to sell your property. The situation becomes even more alarming when we consider that over 60% of new home communities have HOAs. This overreach has the potential to harm investors unfairly, reduce housing inventory, and restrict housing availability. This is not a fight I chose, but it’s a fight I’m willing to undertake.
I’m reaching out, asking you to stand with me. A little support, a small contribution towards this cause, could go a long way in establishing a precedent that protects all Texas property owners. I believe in the right to own and operate our property without unjust interference. I respect rules, but only when they are fair, just, and not arbitrarily changed to suit someone’s agenda.
Like cities, HOAs have the right to establish rules, but they can’t simply change them, causing upheaval for the residents. They can’t force people out on a whim or because they fear change. That’s why I’m determined to challenge this overreach. Coincidently, the change came as soon as a Black professional football started visiting his wife in the home during training camp.
I am not merely standing up against an unjust rule; I’m standing up for the rights of property owners. This fight is about making sure that once we’ve committed to a mortgage, once we’ve made a financial agreement, an HOA or a city doesn’t have the power to change the rules arbitrarily.
So, join me. Help me protect us. Together, let’s bring fairness back into the equation. Let’s ensure that our rights as property owners are respected and protected. After all, this is about more than just one property or one HOA. This is about standing up for what’s right.
I’ve started a go fund me campaign. Every penny I raise will go straight to the law firm of Pratt Aycock. Any remaining funds will be pro-rata returned to the contributors.
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We have dealt with similar HOA situations by selling our properties using owner financing techniques to buyers instead of renting to unwanted tenants.
I’ve done that too, but we as an industry cannot continue to allow the growth of these organizations and their arbitrary rules.