HOA Pool Policy Question - Williamson County, Hutto TX

[Heather Lewis]

Does anyone have any HOA language they've seen or examples out there in Texas where the HOA rules do permit renters to access and be able to reserve common areas, such as for a pool party? I'm looking for an example to submit to my HOA for consideration by the community for a rule change request.

In my current HOA, renters cannot go online and reserve the pool for a party or make any other common area reservations. The current HOA rules state that the MEMBER aka the Owner is the only one who can book the "parties" and that the member must be present for the duration of any party. Renters are also not permitted to bring guests to the pool.

The reasoning that was shared is that there is not currently any means to have the renter enter into an agreement with the HOA and there would be uncovered liability. As the HOA can require their policies be incorporated into Leases, which the Renter signs, and the Renter and owner could co-sign the pool access agreement to get the access card, this logic seems a little light.

Anyone have experience with this restriction and have any ideas of ways the HOA can allow renters access while still acting to mitigate the financial/liability risk of allowing renters' guests and reservations that is somehow different from an owners' risk?

[Mike Hamlin]

Heather, 

Look in your CC&Rs about delegation of use. You can delegate the rights of enjoyment to common areas and facilities to anyone who rents on your property.

I serve on the board of a large HOA in Texas and we have zero problems or liability issues renting to those who lease.

Good luck to you.