Bill

HB 2489

84(R) - 2015
House Business & Industry
Read Bill & Check Bill Status
House Business & Industry
Business, Industry, & Commerce

Vote Recommendation

Neutral
  • Neutral
  • Positive
  • Neutral
  • Negative
  • Neutral

Author(s)

Jeff Leach

Bill Caption

Relating to the ability of a property owners' association to enforce certain provisions on the lease or rental of real property.

Fiscal Notes

No significant fiscal impact to the State or local governments is expected. 

Bill Analysis

HB 2489 would prevent property owners' associations from adopting or enforcing a dedicatory instrument dealing with:

  1. renting or leasing property owner’s property, imposes a fee, charge, assessment, or fine or requires dues or any other contribution or payment to the association;
  2. requires a lease or rental applicant or a tenant to be reviewed or approved by the property owners’ association;
  3. or requires a property owner, a lease or rental applicant, a tenant, or that person ’s agent to provide a copy of a document related to leasing or renting the property owner’s property, including a lease or rental application, a lease or rental agreement, or a consumer or credit report. 

Vote Recommendation Notes

The relationship between an HOA and its members is akin to a private contract agreed to by willing parties. The state should not be micromanaging HOA terms, guidelines, and procedures. This abridges limited government.

On the other hand we we realize that in some cases the HOA guidelines abridge private property rights and association members sometimes have great difficulty making changes to the rules.

Because of this conflict between private property rights and limited government principles, we remain neutral on HB 2489.