Texas HB5438 restricts property owners' associations from prohibiting residential leases of six months or longer and limits occupancy restrictions.

Texas HB5438 amends the Property Code to restrict property owners' associations from prohibiting owners from executing residential leases of at least six months. Additionally, if an owner chooses to lease to tenants, the association cannot enforce occupancy limits beyond those specified in Property Code Section 92.010. The act takes effect immediately if it receives a two-thirds vote in the legislature, otherwise it will take effect on September 1, 2025.

Texas HB5438 restricts property owners' associations from prohibiting residential leases of six months or longer and limits occupancy restrictions.

Texas HB5438 amends the Property Code to restrict property owners' associations from prohibiting owners from executing residential leases of at least six months. Additionally, if an owner chooses to lease to tenants, the association cannot enforce occupancy limits beyond those specified in Property Code Section 92.010. The act takes effect immediately if it receives a two-thirds vote in the legislature, otherwise it will take effect on September 1, 2025.