Homeowners associations (HOAs) help keep communities nice. Many wonder if an HOA can stop them from renting their homes. The answer depends on the HOA’s rules and laws about renting.
Can An HOA Prevent You From Renting Your Home?
The Simple Answer
YES
If it’s in their CC&Rs or Bylaws
If it’s in their CC&Rs or Bylaws
NO
If no restrictions exist
If no restrictions exist
Common HOA Rental Restrictions
- Minimum lease durations (6-12 months)
- Tenant background checks required
- Credit score minimums
- Occupancy limitations
- Rental application fees
- Maximum number of rentals allowed
Key Documents That Control Rentals
- CC&Rs – Covenants, Conditions & Restrictions
- Bylaws – HOA operating rules
- State Laws – Vary by location
- HOA Policies – Board-enacted rules
⚠️ WARNING: Always review your HOA documents BEFORE renting to avoid legal issues and potential eviction!
HOA Approval Process
Required Steps:
1Submit rental application to HOA
2Provide lease agreement copy
3Submit tenant information
4Pay required fees/assessments
5Wait for HOA board approval
Your Rights as a Homeowner
- Challenge unreasonable restrictions
- Request rule changes through proper channels
- Seek legal counsel if needed
- File complaints with state authorities
- Negotiate with HOA board
Alternative Solutions
- Request variance or exemption
- Sell the property
- Work with HOA to modify rules
- Consider mediation/arbitration
- Invest in non-HOA properties