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This Page started as an 'Executive Summary' from an existing forum.
You might want to reference the original topic that started this Page.

On June 25th of 2008, the first mention of a new Mueller Community home for rent was made publically known. The address of the first rental property was 4300 Scales, a Streetman-built home purchased by Daniel Glick on June 17th, 2008 http://www.traviscad.org/travisdetail.php?theKey=731867 offered for rent at $3600 / month.


Contents
1 Home Owner Association Rules
2 Builder Purchase Agreements
2.1 Streetman Homes Purchase Agreement
2.2 David Weekley Purchase Agreement
3 Community Reaction


Home Owner Association Rules
According to the Mueller HOA bylaws, the following is stated regarding rental properties:

Paragraph 2.10

"Rentals. Nothing in the Supplemental Covenants shall prevent the rental of any Unit and the Improvements thereon by the Owner thereof for residential purposes. All leases shall be in writing. The owner must provide to its lessee copies of the Community Covenants. Notice of any lease, together with such additional information as may be required by the board, must be remitted to the Master Assosciation by the Owner on or before the expiration of ten days of the effective date of the lease."

Builder Purchase Agreements
All of the builders in Mueller had/have included some specific verbiage regarding purchasing a house in the Mueller Community specifically with the intent of renting.

Streetman Homes Purchase Agreement
"Buyer acknowledges and agrees that this property is not being purchased as a rental property. Upon purchasing the property Buyer agrees to occupy the property for a minimum of six months after the date of the closing. If buyer rents the property within the first six months after closing, due to circumstances presently unforeseen or beyond buyers control, buyer is to submit a written letter to seller specifying the reason for renting the property."

David Weekley Purchase Agreement
"Unless otherwise provided in a written addendum accepted by Seller, Purchaser certifies that the Property is being purchased for use as a single-family residence, and not solely for investment purposes. Upon request, Purchaser will provide Weekley with whatever proof it requires that Purchaser is not an investor. Purchaser is required to occupy the home as their personal residence for at least one year after closing (except in the case of job transfer, financial hardship or other personal or family change). Breach of this provision will result in cancellation of this Agreement and forfeiture of all Earnest Money and Option Deposits. If Seller discovers after closing that Purchaser has breached this certification, Seller will be entitled to rescission of the Purchase in exchange for the Purchase Price, or such other remedies available at law."

Note that other builders purchase agreements as of this time include similar clauses regarding the leasing of a new home. It would be great if other people could include these agreements.

Community Reaction
Although it was quickly shown that there was no official HOA regulation prohibiting one from renting a property, the community brought up a number of questions as to whether or not rental properties were good for the neighborhood.

Although the the situation with Mr. Glick was the result of him being temporarily relocated out of the country for work (a 'valid' reason), it should be evident that the sheer vagueness of the purchase agreements allow for most any situation. In the case of Streetman Homes this could be "...circumstances presently unforeseen or beyond buyer's control." and in the case of David Weekley "...financial hardship or other personal or family change."
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