Thinking about renting out a home in Round Rock or buying with rental income in mind? The rules inside your HOA or PUD can make or break that plan. It is easy to miss a clause that caps rentals, bans short stays, or requires a waiting period before you lease. This guide shows you exactly what to check in HOA documents and Planned Unit Development agreements, how Texas law frames leasing, and where to find the right records. Let’s dive in.
How Texas law shapes HOA leasing
Texas law limits what an HOA can demand from you about tenants while still allowing real leasing restrictions. Under the Texas Property Code, an HOA cannot require the association to approve your tenant or require you to submit a credit report or your lease application to the association. HOAs can still adopt leasing and occupancy rules such as rental caps, minimum lease terms, or owner‑occupancy requirements. They may request basic tenant information like names, contact details, and lease dates. See the statute at Texas Property Code §209.016.
Recent legislative updates increased HOA transparency and standardized processes. SB 1588 prompted a public database of HOA management certificates through TREC, which helps you locate contacts and governing documents. Learn more in TREC’s overview of the HOA management‑certificate search tool. State law also capped certain resale‑certificate fees and compressed delivery timelines. Review the bill text for details on SB 1588.
Round Rock PUDs and city requirements
PUDs in Round Rock are site‑specific zoning agreements that can include use and occupancy rules that affect leasing. Before you rely on rental income, pull the development agreement for your parcel from the city’s Planned Unit Developments page.
If you plan to operate a short‑term rental, confirm whether a city permit applies. Round Rock uses a Temporary Use Permit in some contexts, so verify the process on the city’s Temporary Use Permit page. Short‑term rentals can also trigger local hotel occupancy tax obligations. Check the city’s tax information.
Documents to gather first
Collect these records before you make decisions or market rental potential:
- Recorded CC&Rs and amendments from the Williamson County Clerk
- Bylaws, rules and regulations, any board‑approved rental policies, and required lease addenda
- HOA management certificate to find contacts and document locations via TREC’s search tool
- PUD development agreement and any related zoning amendments from the city’s PUD list
- Resale or estoppel certificate and the HOA account ledger; verify fees and delivery timelines against state changes summarized after SB 1588, such as this practitioner overview of resale‑certificate changes
Must‑read lease clauses in HOAs and PUDs
Rental caps
Some communities limit the percentage of homes that can be rented at once. Confirm the current cap, whether there is a waiting list, and how spots are allocated.
Minimum lease term
Many CC&Rs define a lease by minimum length, such as 30, 90, 180, or 365 days. This decides whether short‑term rentals are allowed at all.
Short‑term rental rules
Look for explicit bans or special requirements for stays under 30 days. Cross‑check with any city permitting, insurance, and tax obligations.
Owner‑occupancy or time‑in‑ownership
Some associations require you to own for a period before leasing or to occupy the home for part of the year. Note the exact timing triggers.
Subleasing and assignment
Confirm if subleases are permitted and who remains responsible for tenant conduct. Many CC&Rs hold the owner accountable.
Tenant approval and screening
If the documents require “approval” of tenants or submission of credit reports or lease applications to the HOA, flag it. Texas Property Code §209.016 prohibits those requirements, though the HOA may request contact info and lease dates.
Lease addendum and registration
Many HOAs mandate a lease addendum to bind tenants to community rules. Check any required notice timelines, forms, and fees.
Enforcement and fines
Review how tenant violations are handled. Confirm potential fines, suspension of amenities, and whether the HOA can seek injunctive relief. Match the process to notice and dispute requirements.
Step‑by‑step for Round Rock buyers and sellers
If you are buying
Ask the seller for CC&Rs, amendments, rules, rental policies, and any recent board minutes about leasing.
Order the resale certificate early and verify fee caps and delivery timelines using SB 1588 guidance. If there is a delay or overcharge, discuss options with your agent or attorney.
Confirm whether the property is inside a PUD. Pull the development agreement and check for use or occupancy limits that affect leasing.
If you plan to rent, especially short‑term, confirm three things: the CC&Rs and any PUD allow it, the city’s permit or registration rules apply or not, and your insurance and tax obligations are set.
If you are selling
Provide the full governing documents and the resale certificate promptly. Confirm the fee and timeline are within state limits.
If your community has a rental cap or waiting list, disclose the current status and any lead times in writing to buyers.
If you market short‑term rental potential, document that the use is permitted by CC&Rs, the PUD, and the city, and outline any permit and HOT requirements.
Avoid conflicts between HOA rules and zoning
PUD and zoning rules can coexist with private covenants. Make sure what the HOA allows does not conflict with what the PUD or zoning restricts. Use the city’s lookup to see your parcel’s zoning and any PUD links on the property zoning page. When in doubt, ask Round Rock Planning & Development to clarify how a specific parcel’s rules interact.
What to do if something is unclear
If the recorded language is ambiguous, confirm with the HOA manager in writing and review the PUD agreement. For complex questions or enforcement concerns, consult a Texas real‑estate attorney. You can also contact Round Rock’s Planning & Development staff for parcel‑specific interpretations on PUD or short‑term rental permitting.
Ready to align your purchase or sale with the right leasing strategy in Round Rock? Let’s talk through your goals, documents, and timeline so you can move forward with confidence. Reach out to Lockie Ealy for local guidance tailored to your next chapter.
FAQs
Can an HOA in Round Rock require tenant approval before I lease?
- No. Texas law prohibits HOAs from requiring tenant approval or submission of credit reports or lease applications, although leasing restrictions like caps or minimum terms are allowed.
Are short‑term rentals allowed in Round Rock neighborhoods?
- It depends on your CC&Rs and any PUD agreement, plus city permitting and tax rules. Some communities ban short stays, and city requirements may apply to those that do allow them.
How do I find an HOA’s official documents and contacts?
- Check the HOA management certificate through TREC’s database and pull recorded CC&Rs and amendments from the Williamson County Clerk.
What is a resale certificate and why does it matter?
- It is the HOA’s official disclosure to buyers showing assessments, violations, and key rules. State law caps certain fees and sets delivery timelines, so order early and verify compliance.
Which lease clauses most often surprise buyers or sellers?
- Rental caps, minimum lease terms, owner‑occupancy or time‑in‑ownership rules, and explicit bans on short‑term rentals are the most common surprises.
