While HOAs have the authority to regulate certain aspects of community living, their power to restrict rentals is not absolute.
If you are facing rental restrictions imposed by your HOA, it is important to understand your legal rights. Consulting an HOA attorney can help determine whether the restrictions are enforceable and whether you have grounds to challenge them.
At LS Carlson Law, our HOA disputes attorneys specialize in representing homeowners in rental disputes, ensuring that property owners are protected from unlawful or excessive HOA regulations.

Common HOA Rental Rules and Restrictions

HOAs regulate rental properties through their governing documents, including the Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. The most common HOA rental rules include:
Caps on Rental Units: Some HOAs limit the number of homes that can be rented at one time.
Short-Term Rental Bans: Many associations prohibit rentals of fewer than 30 days, restricting homeowners from using platforms like Airbnb or VRBO.
Lease Term Minimums: HOAs may require that all leases last at least six months or a year to discourage transient tenants.
Tenant Approval Requirements: Some HOAs mandate that landlords submit tenant applications for board approval before renting out their property.
Occupancy and Use Restrictions: Homeowners may face limits on the number of occupants in a rental or be restricted from leasing their home to businesses or corporate entities.
If your HOA enforces rental restrictions that you believe are unfair or unlawful, an experienced homeowner association lawyer can assess whether you have legal grounds to challenge these rules.

The Role of the HOA Board of Directors in Rental Restrictions

The board of directors of an HOA is responsible for enforcing community rules and overseeing any enforcement action against homeowners who violate association rules. However, board members do not have unchecked authority.
Legal Compliance: The board of directors must follow state laws and the HOA’s governing documents when implementing rental restrictions.
Homeowner Votes: Some lease agreement restrictions require approval from a majority of individual homeowners before they can be enforced.
Enforcement Limitations: HOAs cannot impose unfair or selectively enforced rental rules that violate state law or homeowners’ rights.
If you are facing an enforcement action over your lease agreement, consulting an HOA attorney can help you challenge the restriction and ensure compliance with legal requirements.

Legal Challenges to HOA Rental Restrictions

Not all association rules regarding rentals are enforceable. In many cases, homeowners can take legal action to challenge restrictions that:
Were improperly adopted: If the HOA did not follow the correct voting or procedural requirements, the rule may be invalid.
Conflict with State Law: In California, HOAs must comply with laws governing rental restrictions, including the Davis-Stirling Act.
Are Applied Unfairly: If an HOA board of directors applies rental restrictions inconsistently, homeowners may have grounds for legal disputes.
An experienced real estate attorney can analyze whether your HOA’s rental policies are legally enforceable and advise you on potential legal remedies.

What to Do if Your HOA Is Restricting Rentals

If you are facing rental restrictions from your HOA, take the following steps to protect your rights as a homeowner:
Review the Governing Documents: Check the CC&Rs, bylaws, and HOA rules to determine whether the rental restrictions were properly adopted.
Request Written Justification: Ask the HOA board for a written explanation of the rule, along with evidence of proper voting and legal compliance.
Consult an HOA Attorney: A skilled homeowner association lawyer can determine whether the restriction is valid and what legal options you have.
Negotiate with the HOA: In some cases, rental disputes can be resolved without litigation by presenting a legal argument to the HOA board.
File a Legal Challenge: If the HOA refuses to comply with the law, HOA attorneys in California & Florida can help you challenge the rental restriction in court.
If your HOA is unfairly restricting your ability to rent your property, legal intervention may be necessary to defend your rights.

Enforcement Actions: What to Do if Your HOA Threatens Fines or Legal Consequences

When a homeowner allegedly violates an HOA’s lease agreement restrictions, the association may initiate an enforcement action. This can include fines, warnings, or even legal proceedings.
Common enforcement actions related to rental restrictions include:
Issuing fines for unauthorized rentals: Some HOAs impose steep penalties for renting out a property without board approval, even if the restriction is not properly documented in the association rules.
Threatening legal action or eviction: In extreme cases, an HOA may attempt to take legal steps to prevent a homeowner from renting their property.
Selective enforcement of rules: If an HOA applies rental restrictions inconsistently, homeowners may have grounds for legal action.
If you receive a violation notice or fine from your HOA related to rental restrictions, it is essential to consult with an HOA attorney before taking further action.

Alternative Dispute Resolution for Rental Disputes

Not all legal disputes with HOAs need to result in litigation. Many conflicts can be resolved through alternative dispute resolution (ADR) methods such as mediation or arbitration.
Mediation: A neutral third party facilitates discussions between the homeowner and the HOA to reach a resolution.
Arbitration: A legal expert hears both sides and makes a binding decision on the dispute.
Negotiation: In some cases, legal counsel can negotiate directly with the board of directors to modify or revoke unreasonable rental restrictions.
If your HOA is enforcing lease agreement restrictions that interfere with your property rights, consulting an HOA attorney in California & Florida can help you explore ADR options before escalating the conflict.

Speak with an HOA Attorney Today

If your HOA is imposing rental restrictions that interfere with your rights as a property owner, you may have legal options. HOA attorneys in California & Florida at LS Carlson Law specialize in representing homeowners against overreaching community associations.
Contact LS Carlson Law today to schedule a consultation with an experienced attorney for HOA violations in California and take the first step in protecting your property rights.