Legal Question in Real Estate Law in Texas

Violate HOA's policy but already rented the house

My HOA requires homeowner to submit ��Application for Residential Lease Permit�� and it has to be approved before I can release my house. If more than 25% of the units have been rented, than I can��t release my house. A real estate agent helped me release my house and the tenants just moved in today. However, I didn��t realize I need to get HOA��s approval until I contacted them and received a letter explaining the procedure. My agent told me she wasn��t aware of that requirement until I told her so. My questions are:

(1) Is the contract I signed with my tenants still legal/valid even though I violated my HOA��s policy?

(2) Is my real estate agent responsible for not telling me to check with my HOA first?

(3) What should I do?

(4) My agent said if I told the tenants the truth, they have the right to sue me. Is that true?


Asked on 7/08/07, 7:11 pm

1 Answer from Attorneys

Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: Violate HOA's policy but already rented the house

Come see me and I will help you.

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Answered on 7/13/07, 2:32 pm


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