Check the leasing rules first
Before you list the home, read the HOA's declaration, bylaws and rules for anything about leasing. Associations around San Antonio range from no leasing rules at all to detailed ones. Texas law (Chapter 209 of the Property Code) limits what many HOAs can demand from owners who lease, but the deed restrictions on your lot still govern what is allowed there.
If you bought the home years ago, the documents may have been amended since. Ask the HOA or its management company for the current set and any leasing policy in writing.
- Minimum lease terms, and bans on short-term or nightly rentals.
- A cap on the number of homes that may be leased, if the documents allow one.
- Requirements to give the HOA the tenant's name and contact information and the lease start and end dates.
- Registration forms, move-in fees or amenity fees for residents, if any.
- Rules on parking, vehicles, pets, yard care and trash that your tenant will have to live by.
Make the HOA part of the lease
Your tenant is not a member of the HOA, so the lease is what connects them to its rules. A Texas residential lease should say that the tenant must follow the HOA rules, that the tenant will receive a copy, and who pays a fine caused by the tenant's conduct. Attach the rules, or the parts that matter day to day, to the lease and get the tenant's signature acknowledging them.
Be clear about the yard. In many HOA neighborhoods most violation letters are about lawns. Decide whether the tenant maintains the yard or you include lawn service in the rent, and write it down. If the tenant is responsible, spell out what that means: mowing, edging, weeding beds and watering within your city's or water provider's schedule.
Dues and assessments stay with you
HOA dues and special assessments are the owner's obligation, and the association will pursue you, not your tenant, if they go unpaid. Unpaid assessments can lead to late charges, collection costs and in some cases a lien on the property. Some associations also suspend amenity access for delinquent accounts, which means your tenant loses the pool because of your bill. Price dues into the rent and pay them on time.
Factor them into your numbers before you rent. An HOA payment, along with property taxes and insurance, comes out of rent every month, and the home has to cover it whether or not it is occupied.
Amenity access for your tenant
Gate transponders, pool cards and clubhouse access usually belong to the owner's account. Your tenant can only get them through you. Plan this before move-in: confirm what the HOA requires to issue resident access, request any new cards, and collect devices from the previous tenant at move-out so they can be deactivated.
In a gated community, missing gate access on move-in day causes problems for the tenant, the movers and the HOA's front gate. In summer, pool access is often why the tenant chose the neighborhood. Getting both right is part of a good start to the lease.
Handling violation letters
HOA notices are mailed to the owner's address on file, which is often no longer the rental home. Update your mailing address with the association as soon as the home becomes a rental, or letters will sit unopened while the deadline passes. Texas law generally requires an HOA to give written notice and an opportunity to cure before fining for many violations, so the time to act is when the first letter arrives.
Sort each letter into one of two groups. Tenant items, such as trash carts in view, a trailer in the driveway or an unkept yard the tenant maintains, go to the tenant with the deadline and a request for a photo once it is done. Owner items, such as a dead tree, rotted fence pickets, peeling trim or a roof stain, are yours to repair. Reply to the HOA in writing either way, and keep a record.
- Update your mailing address with the HOA.
- Read the cure deadline on every letter.
- Send tenant items to the tenant in writing, with the lease clause.
- Schedule owner repairs before the deadline.
- Answer the HOA in writing, with photos when fixed.
Exterior changes and repairs
Most HOAs require architectural approval for exterior changes such as fences, paint colors, roofs, solar panels, sheds and landscaping changes. That request comes from you, not the tenant. Your lease should prohibit tenants from making exterior changes, and you should submit approval requests before starting a replacement, not after a contractor has already finished.
How Rothrock handles HOA homes
When Rothrock manages your home, HOA work is part of the service. The team gives your tenant the rules at move-in, arranges gate and pool access with the association, and answers violation letters. Tenant items go to the tenant with a deadline; owner items go to licensed vendors within the repair limit you set, and the team calls you first above it. Rothrock can pay your HOA dues from rent, and every payment, letter and invoice appears in your owner portal and on your monthly statement.
Questions
Can an HOA stop me from renting out my house in Texas?
It depends on your HOA's recorded documents. Many San Antonio HOAs allow leasing but set rules such as minimum lease terms or bans on short-term rentals. Read the current declaration and any leasing amendments, and ask the HOA for its leasing policy in writing.
Who pays HOA fines, the landlord or the tenant?
The HOA fines the owner. Your lease can make the tenant responsible for fines caused by the tenant's conduct, and you collect it from the tenant. Fines for the owner's items, such as exterior repairs, stay with you.
Do I have to tell my HOA I am renting my house?
Many HOAs require it, and Texas law allows an association to ask for the tenant's contact information and the lease dates. Even where it is not required, telling the HOA helps with amenity access and makes sure letters reach you.
Can I include HOA dues in the rent?
You pay the dues to the HOA either way. You can account for them when you set the rent, and if a manager handles your home, the dues can be paid from rent collected each month.
How do tenants get pool and gate access in an HOA?
Through the owner. Access devices are usually tied to the owner's account, so the owner or manager registers the tenant and arranges the cards, codes or transponders before move-in.
General information about Texas rules, not legal advice. For a specific situation, speak to a Texas attorney.