Can an HOA take damge deposits from a tennant of a member owned property?
In Texas, HOA are basically contractual; you agree to comply with the deed restrictions when you purchase the property, and the HOA is a part of that and has powers to make rules and impose assessments on the properties in the development, per the deed restrictions. Although they have broad powers, they cannot enforce the rules in an arbitrary and capricious manner – in other words, they have to treat all owners the same. Tenants of the properties in the development are also bound by the HOA rules. If they damage common area property, they will be responsible for that, and the HOA may be able to require the owner to pay (being responsible for the acts of the tenant). The lease agreement would most likely allow the owner to recover the money from the tenant. It’s possible for the HOA to require the tenant to place a deposit with the HOA, for example, for use of the common areas, or a key deposit. Look at the HOA rules and see what they say. Hope this answers your question.
