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Rental Restrictions

Limitations on the ability of homeowners to rent or lease their units, as specified in the governing documents. Rental restrictions may include minimum lease terms, caps on the total number or percentage of rented units, tenant screening requirements, and prohibitions on short-term rentals such as Airbnb. These restrictions aim to maintain owner-occupancy levels and community stability. Some states limit the types of rental restrictions HOAs can impose.

Common Misunderstanding

Not all rental restrictions are enforceable. Many states have enacted laws that limit an HOA's ability to prohibit rentals entirely. For example, California requires that HOAs allow at least 25% of units to be rented.

State-Specific Notes

California: Under AB 3182, HOAs must allow at least 25% of units to be rented and cannot require HOA approval of tenants.

Frequently Asked Questions

Can an HOA prohibit renting?

Some HOAs can restrict or prohibit rentals through their CC&Rs, but state law may limit how restrictive they can be. Several states have enacted laws preventing HOAs from imposing outright rental bans or overly restrictive rental caps. Check your governing documents and state law for the specific restrictions that apply to your community.

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