I'm interested in the legal doctrine on why something like Texas Apartment Association is or is not considered collusion.
The association provides its members with a comprehensive Rental Application, which is by far more exhaustive than most rental applications I've ever seen in, say, California or elsewhere, even going so far as to ask whether the applicant is a US citizen (never seen on a rental application other than TAA), as well as a lengthy lease agreement.
I assume it might not be considered collusion because, from practical observation, likely less than 50% of rental properties appear to come from members (I'd guesstimate membership here in Austin is more like 10 to 20%, but it could possibly be much higher in other areas). Would it be different if membership levels were higher?
I know that there are other associations like TAA in other industries, like CTIA The Wireless Association, which covers 99% of wireless carriers in the US (AT&T, Verizon, T-Mobile, Sprint etc), however, it's different in a sense that it doesn't require every member to ask all of their future customers a comprehensive questionnaire (the online version of which doesn't let you skip any fields), or require every tenant to agree to things like accelerated rent, quite mandatory and non-trivial subletting charges, no default ability to replace the resident without the original resident still being fully liable for the whole duration of the lease etc.
Aren't all of these things mandated through TAA's Rental Application and Apartment Lease Contract the very definition of collusion by TAA members?