Owner Residence vs. Owner Landlords

[Billy Broussard]

Jurisdiction

Texas

Can an HOA charge higher dues/assessments to Owner/Landlords than charged to Owner/Residents. Theory more wear and tear to common area due to less pride and fewer maintenance needs reported of exterior grounds. This leads to higher long term repair cost.

 

[adjusterjack]

Can an HOA charge higher dues/assessments to Owner/Landlords than charged to Owner/Residents.

Should be obvious that they CAN do it if they already ARE doing it.

If your question is whether they are doing it rightly or wrongly, you'll find the answer in your HOA Covenants, Conditions, & Restrictions (CC&Rs) and bylaws.

If those documents don't prohibit those fees then the HOA probably has a right to charge them if they are also not prohibited by statute.

If your HOA consists of condos the statutes are at:

2015 Texas Statutes :: PROPERTY CODE :: TITLE 7 - CONDOMINIUMS

If your HOA consists of private homes the statutes are at:

2015 Texas Statutes :: PROPERTY CODE :: TITLE 11 - RESTRICTIVE COVENANTS