Short Term Rental Ballot FAQ

There have been several questions come up concerning the ballot item for short term rentals.  Allow us to address some of these questions.

Bay Glen Section 1: When our community was incorporated, our original documents (Declaration of Covenants, Conditions, and Restrictions) made legal reference to "Bay Glen, Section One".  Since that is the legal description, that is what must be referenced.  The additional sections that were later developed/added, to include Bay Glen Manor & Bay Knoll, are governed by the same DCCR's.

Participation requirements for quorum:  Section 209.0041(h) of the Property Code states that the Amendment must be approved by a vote of sixty-seven percent (67%) of the total votes allocated to property owners entitled to vote on the amendment of a declaration.  As such, let’s assume there are a 100 total lots in all of the sections in the community.  67 owners would have to vote in favor of the Amendment, it doesn’t matter which sections those votes come from, so long as 67% of the total votes vote in favor to the Amendment. 

*Our documents do read 75% but the change in the state property code supersedes our language. We are in the process of appending these changes to our documents.

Are Short Term Rentals allowed now?   To some degree that answer is No.  The attorney that represents our association feels that the existing language, that only permits "single family dwellings" has sufficient legal standing that it would be enforceable against someone renting out rooms in their home.   

Why is this needed? / What will it address?  While our DCCRs prohibit running a business from your residential property and all would agree a rental is a business, past rulings in the state of Texas have sided with the short-term rental host.  With significant lobbying dollars spent by these hosting companies, the Judges have been unwilling to side with "non-business use" language.  They need to see something specific for short term rentals.  We are hopeful this amendment will support the spirit of the neighborhood, "Homes not hotels."