Homeowners often invest in properties with the intent to rent them out, whether for long-term tenants or short-term vacation stays. However, Homeowners Associations (HOAs) frequently enforce rules that can limit or even prohibit renting within the community.
This raises an important legal question: Do HOAs have the authority to regulate rental properties, and what are a homeowner's rights in these situations?
If you're facing restrictions on renting your home due to HOA rules, consulting an HOA attorney can help you understand your legal options. At LS Carlson Law, our HOA disputes attorneys specialize in protecting homeowners from unlawful HOA restrictions in both California and Florida.
HOA Rental Restrictions
HOAs set and enforce Covenants, Conditions, and Restrictions (CC&Rs) that homeowners must follow. Rental restrictions typically fall into the following categories:
Total Rental Bans: Some HOAs prohibit
homeowners from renting their properties entirely.
Lease Term Minimums: Many HOAs require leases to
be for a minimum period, such as 30 days or six
months, to prevent short-term rentals.
Approval Requirements: Homeowners may need prior
approval from the HOA before renting to a tenant.
Occupancy Limits: Some associations impose limits
on the number of tenants that can occupy a rental property.
While HOAs do have some authority to regulate rentals, their power is not absolute. A skilled homeowner association lawyer can evaluate whether the restrictions imposed by your HOA are legally enforceable.
When Are HOA Rental Restrictions Illegal?
In some cases, HOA rules that restrict rentals may violate state laws or overreach their authority. Examples include:
Retrofitting New Restrictions: If an HOA amends
its CC&Rs to add rental restrictions after you purchased your
home, the change may not apply to you unless you agree to it.
Selective Enforcement: If an HOA enforces rental
restrictions unequally among homeowners, you may have grounds to
sue your HOA for discrimination or unfair enforcement.
Violation of State Laws: In California and
Florida, state laws often protect homeowners from overbearing
rental restrictions. An experienced HOA attorney can determine if
the restrictions violate local statutes.
If you believe your HOA is unlawfully interfering with your right to rent your property, speaking with HOA attorneys in California & Florida is a crucial first step.
How to Challenge an HOA's Rental Restriction
If you feel that your HOA's rules are unfairly restricting your ability to rent your property, here are some legal options:
Review the Governing Documents: A homeowner
association lawyer can analyze the CC&Rs, bylaws, and state
laws to determine if the restrictions are enforceable.
Negotiate with the HOA: In some cases, an attorney
can negotiate a resolution with the HOA before litigation becomes
necessary.
File a Lawsuit Against the HOA: If the HOA refuses
to comply with the law, you may need to sue your HOA to challenge
the rental restrictions in court.
Seek a Declaratory Judgment: A court can issue a
legal ruling declaring the restrictions unenforceable.
At LS Carlson Law, our HOA disputes attorneys have successfully helped homeowners challenge unlawful rental restrictions and regain control of their properties.
Can an HOA Change Rental Rules After You Buy a Home?
One of the most contentious HOA-specific disputes occurs when an HOA changes the rental policy after a homeowner has purchased a property.
Grandfathering Issues: Some individual
homeowners may have grandfathered rights that exempt them from new
rules.
Improper Voting Procedures: Board meetings must
follow strict legal procedures when amending association
rules.
Legal Action Against Retroactive Rules: Homeowners
can challenge enforcement action in court if the rule was
improperly adopted.
If your HOA has changed the rules after your purchase, you may have legal grounds to sue the HOA.
How to Fight HOA Fines Related to Rental Violations
HOAs often impose fines on individual homeowners for alleged rental violations, but many of these fines are unenforceable.
Check the Governing Documents: Some HOAs fine
homeowners without legal authority to do so.
Challenging HOA Fines at Board Meetings: If an
enforcement action is unfair, you can dispute it at an official
board meeting.
Taking Legal Action Against HOA Abuse: If the
association rules allow unfair fines, you may need to file a legal
dispute to get them overturned.
If your HOA is issuing unjustified fines for rental violations, our real estate attorneys can help you challenge them.
The Role of Property Management Companies in HOA Rental Rules
Many HOAs work with property management companies to enforce their Lease Restrictions and rental policies. However, these companies are not above the law.
Overreach Issues: Some property management
companies unfairly reject rental applications or impose excessive
fees that are not in the HOA's official documents.
Lack of Legal Authority: A property management
company cannot enforce new rental rules that the HOA board has not
lawfully adopted.
Unlawful Tenant Screening: If a property manager
denies a tenant based on race, family status, or disability, they
may be violating Fair Housing Laws.
If you believe a property management company is enforcing illegal HOA rules, you should seek legal counsel immediately.
The Impact of Rental Restrictions on Property Values
Restrictive rental policies can negatively impact property values and limit your ability to sell your home.
Decreased Buyer Interest: Investors and buyers
may avoid homes with HOA Lease Restrictions.
Legal Action to Protect Property Values:
Homeowners can sue their HOA if unfair rental restrictions hurt
property resale potential.
How LS Carlson Law Can Help: Our experienced
attorneys fight to protect homeowners from real estate law
violations that damage their financial investment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
