Law pg 11,12,69.qxp_Layout 1 11/17/21 1:03 PM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
LET’S PARTY! A review of holiday-related issues.
A holiday poem by Howard M. Bookstaff, HAA General Counsel Twas the night before Halloween, when all through the night, Residents were stirring, ready to take flight; Some were waiting with a great deal of care In hopes that friends soon would be there; Family and guests were also coming to have fun; You begin to worry about what might be done. Making memories and celebrating will ease their pain, From the COVID pandemic which drove them insane. Resident parties, parking problems, package deliveries could all bring you down, Complaints about ugly, bright, loud decorations can also make you frown. And don’t forget about crime, it’s here to stay This time of year, crime could pay. So what can be done, you have many needs, You need advice to put your mind at ease.
THE HOLIDAYS ARE HERE! It’s the most wonderful time of the year! Yeah, right! The holidays may be great for your residents, but what about you? While residents party, eat excessively and showoff holiday decorations, you just want to survive the holidays without damage, destruction or liability. There are a number of issues to consider. Let’s discuss a few. Resident Parties Residents have been cooped up for almost two years waiting to get out and have fun. Residents want to party. There will be a number of guests and an excessive amount of noise and traffic from and around various apartment units. www.haaonline.org
How can you control the crazy atmosphere? Pursuant to the standard lease, there are a number of party-like activities that are prohibited including: • behaving in a loud or obnoxious manner; • disturbing or threatening the rights, comfort, health, safety, or convenience of others (including you) in and near the apartment community; • disrupting your business operations. A resident is required to follow the rules of the property with respect to their conduct and the conduct of their guests. If a resident's party causes problems for other residents, that resident might be deemed to be in default of his or her lease and action could be taken. Since once the party is over, the damage would have already been done, it may be a
good idea under certain circumstances to send a letter to residents, who you know are planning a party, advising them of the requirements under the lease and that the residents are responsible for the actions of their guests. This may minimize potential problems and, if problems do arise, you have given fair warning to the resident that action would be taken. Excessive Traffic There are a number of issues you may face regarding parking problems during the holidays. Family, friends and delivery trucks may all contribute to the problem. Some people stay for an extended period time and need a place to park. Can you adopt or change parking rules during the holidays? The Texas Property Code provides that if an owner changes the vehicle towing or parking rules or policies during the term of the lease, the owner must provide written notice of the change to the residents before the residents are required to comply with the rule or policy change. If a rule or policy change is made during the term of the lease, the change must apply to all residents and must be based on necessity, safety or security of residents, reasonable requirements for construction on the premises, or respect for other residents’ parking rights. Alternatively, the change could be adopted with the resident’s written consent. The change may not be effective before the 14th day after the date notice of the change is delivered to the resident unless the change is the result of a construction or utility emergency. Keep in mind that, while you are allowed to tow vehicles in certain situations, any tow must be done in compliance with the Texas Towing and Booting Act. Although there are multiple circumstances under which you would have the right to tow, the most comDecember 2021
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