Leasing and Occupancy Policy (2025)

Please see the original document for full detail:

It can be found here: Notice of Dedicatory Instruments 9-2025

RECITALS:

  1. The property encumbered by this policy is that property restricted by the restrictive covenant documents referred to in the Association’s current Management Certificate filed of record in the Official Public Records of Real Property of Brazos County, Texas for each subdivision under the jurisdiction of the Association, as same has been or may be amended and/or supplemented from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association.
  2. Section 19(e) of the Amended & Restated Bylaws of Austin’s Colony Homeowners Association of Bryan, Inc. provides that the Board, acting on behalf of the Association, shall have the power to make, establish, and promulgate such rules as it deems proper to address any and all aspects of its functions.
  3. The Board hereby adopts this policy for the purpose of establishing rules and regulations for the leasing and occupancy of Lots located within Austin’s Colony.

NOW, THEREFORE, BE IT RESOLVED THAT the Association does hereby adopt this Policy, which will be binding on all Owners and Tenants within Austin’s Colony. This policy replaces any previously recorded or implemented policy relating to leasing and occupancy in Austin’s Colony.

LEASING AND OCCUPANCY POLICY

  1. Definitions:

    a. “Lot” means Lot as defined in the Declaration and any improvement existing on a Lot.

    b. “Tenant” means a person(s) who is authorized by a Lease to occupy a Lot or any portion of a Lot. Tenant includes any person(s) who occupies a Lot, whether or not the person is on the Lease.

    c. ‘Lease” means any agreement between a Lot Owner and a Tenant(s) that establishes the terms, conditions, rules, or other provisions regarding the use and occupancy of a Lot.

    All other capitalized terms used herein have the same meanings as that ascribed to them in the Declaration, unless otherwise indicated.
  2. Rules and Regulations:
    1. No Lot may be Leased for transient or hotel purposes, also known as short term rentals. For purposes of this Policy; a Lease of a Lot for less than three (3) consecutive months is deemed to be the use of the Lot for transient or hotel purposes. However, the Lease of a Lot on a month-to-month basis at the end of a Lease of three (3) months or longer shall be permitted when the Lease is with the same Tenant. Additionally, the Board, in its sole discretion, shall have the authority to approve a lease term for less than three (3) months on a case-by-case basis for requests including, but not limited to, hardships and
      lease-back scenarios relating to the sale of a Lot. The Lease of a Lot for use as transient housing including, but not limited to, hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, boarding homes, bed and breakfast, party venue, meeting venue, vacation rental, or other short-term rental uses, including through the use of entities such as or similar to “Airbnb”, “HouseStay”, or “Vrbo” is expressly prohibited. The Board shall have sole discretion to determine whether a particular use of all or a portion of a Lot constitutes a violation of this subsection.
    2. Only the entire Lot may be Leased. The Lease and/or renting of a room(s) or any other portion of a Lot including, but not limited to, pools, yards, and outbuildings is expressly prohibited.
    3. Each Tenant is bound by and subject to all of the obligations under the Declaration, Bylaws and the rules and regulations of the Association and all other properly adopted Association rules, regulations, and policies. Every Owner shall cause all Tenants to comply with the Dedicatory Instruments, and every Owner shall be responsible for all violations, losses, or damages caused by a Tenant, notwithstanding the fact that such Tenant is jointly and severally liable and may be sanctioned for any violation. In addition to all other remedies available to the Association in the event of a violation by a Tenant, the Association may require that the Tenant be removed from and not be allowed to return to the subdivision and/or that any lease, agreement or permission given allowing the Tenant to be present be terminated.
    4. The Owner shall notify the Association that their Lot will be leased at least ten (10) days before commencement. The Association may, but is not obligated to, require an owner to provide to the Association contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at the Leased property, along with the commencement date and terms of the Lease.
    5. No more than two (2) persons per bedroom may occupy a leased residence unless otherwise mandated by law. The Board has the sole and absolute discretion to grant a variance from this occupancy provision.
    6. An Owner shall have the sole and absolute responsibility to conduct a criminal background check on the Tenant and any occupants aged eighteen (18) or older who intend to reside on the Lot under a Lease within forty-eight (48) hours prior to the commencement, renewal or month-to-month extension of a Lease. An owner shall perform a background check on each Tenant and occupant utilizing the name, date of birth, and Social Security of the individual(s). The Board, in its sole discretion, may request production of the criminal background check at any time.

      The Association may, but is not obligated to, to perform a criminal background check(s) on any prospective Tenant eighteen (18) years of age or older using a service(s) of the Association’s choice. For each prospective Tenant that is eighteen (18) years of age or older, the Owner and/or Tenant must provide the Tenant’s legal name and date of birth to the Association to perform this background check. In the event that the Association performs a background check(s), the owner is responsible for paying the actual cost of each background check(s) plus an administrative fee of $25 for each search to the Association before a Tenant occupies a Lot.
    7. The Association may promulgate a Tenant questionnaire that must be completed by each Tenant.
    8. The Association may, but is not obligated to, require copies of the signed Lease or renewal of Lease, criminal background check, and/or the Tenant questionnaire to be provided to the Association at least ten (10) days before a Tenant occupies a Lot. The Board has the sole and absolute discretion to reduce the time period in which this documentation may be produced to the Association.
    9. There will be no “grandfather clause” for rentals for transient or hotel purposes, or short-term rentals. All short-term rentals must cease as of January 1, 2026, unless prior approval is received from the Board. Fines for violations of this Policy shall be set forth in the Association’s Enforcement and Fine Policy. Each day of unauthorized rental will constitute a violation. Each advertisement for short-term lease shall constitute a violation.