A woman and her elderly mother are caught in a battle between their landlord and his homeowner’s association. And it could end with the women out on the street. Read the article………………………….
PBC Owner: Condo says I can lease my unit, but renters can’t use pool, etc. Can they do that? (FL)
Question: Our condominium has several recreational/common areas — swimming pools, saunas, tennis courts, a small gym/workout room, a billiard room, etc. Our board limits usage to some of the areas to owners only. I was under the impression that tenants have the right to use all common/recreational areas that owners enjoy Read the Q&A………………………………
HOA Q&A: Can our Association legally implement restrictions on renting units, houses? (FL)
Q: I am on the Board of my Association and am writing to ask your opinion on a matter that has been under discussion among the members of my Association. We have been experiencing a large number of sales of units in the development recently. The problem we are seeing is that some of the […]
Condo board failed to document rental ban and now unwanted neighbors are moving in (FL)
Question: I live in a 16-apartment condo run by a homeowner board. About 13 years ago we voted to disallow any renting in our building. We have turned down many people who wanted to rent. At this point two owners sold, and the new owners rented immediately. Read the Q&A……………………………..
Can A Homeowners Association Prevent You From Renting Your Home
Homeowners Associations (HOAs) are common in many neighborhoods, providing a set of rules and guidelines to maintain the appearance and quality of the community. However, one area where HOAs can sometimes exert control is in homeowners’ ability to rent out their properties Read the article……………………………
Are HOA Rental Restrictions In Virginia Legal?
It is not uncommon to encounter HOA rental restrictions in Virginia. However, homeowners may question whether such restrictions are valid and enforceable. After all, homeowners sometimes purchase properties intending to rent them out. And an association’s limitations on rentals can interfere with that. Read the article………………………………
Understanding Rental Restrictions in Condominiums (DC)
Condominium boards often seek to restrict or regulate the ability of unit owners to rent out their units, for a variety of reasons. These reasons may include: Read the article…………………………………
Tenant Background Check and the Civil Rights Department Act (CA)
California’s Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH) has the responsibility of enforcing state fair housing laws, such as California’s Fair Employment and Housing Act, which makes it illegal for housing providers[1] to discriminate against tenants with a protected characteristic. Many boards of directors want to gain […]
How Texas HOAs Are Keeping Low-Income Renters Out
A state law will prohibit homeowners associations from discriminating against tenants using rental vouchers. The practice is more widespread than lawmakers realized. Read the article………………………..
Legislature Limits HOA Rental Amendments (FL)
Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? Read the article………………………..
HOA Rental Realities: Key Considerations for Property Owners
Increases in the number of homes that are owned as investment properties have become a reality for community associations, and boards are challenged because many property owners do not fully understand the rules and regulations of renting out a home within a community with an HOA. Read the article………………………..
Considerations on Criminal Background Checks & Tenancy Restrictions (FL)
Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a criminal background check or on a potential renter’s disclosure of criminal history on a rental application. Read the article………………………..
Texas Court of Appeals Upholds Rental Time Period Restriction Amendment
A recent opinion from the Texas Court of Appeals, Angelwylde HOA, Inc., v. Fournier, No. 03-21-00269-CV (Tex. App. Mar. 17, 2023), held that a 12-month minimum rental restriction, which was adopted in accordance with the amendment provision in the CC&Rs is valid and enforceable. While the case law is not binding upon Arizona community associations, […]
Pasco HOA takes steps to curb rental growth (FL)
People who live in the Plantation Palms community recently amended their governing documents to include language meant to curb the growth of rental properties. Read the article………………………..
Tampa Bay homeowners push back against corporate rental companies (FL)
“We had a renter who over a period of a little over two years ran up 30 violations, and some of these were just out of control, and we would send, of course, the warnings and fines to the rental company, which was out of state it went to a P.O. box we never got […]
HOA/Condo Rental Restrictions & Institutional Investors (NC)
Requests for amendments to declarations tend to go in waves. Twenty years ago many associations were concerned about certain categories of sex offenders living in their communities. For several years now, the declaration amendment our firm most often gets asked about has to do with rental restrictions. Read the article………………………..
Claims for When Developers Have TOO Much Control of Association
Montana Developer of three condominium-hotels at Big Sky Ski Resort sold units subject to Declarations that required “all unit owners to use [Developer], or an agent designated by [Developer], as their exclusive rental agents,” when renting out their condominiums. The Declarations also provided that “Unit owners may decline to renew the rental management contract with […]
Yes, Owners of a Restricted Lot Can Be Fined for THEIR TENANT’S Violations of Covenants! (NC)
With the appreciating residential real estate market, rental homes are becoming an increasingly common feature in residential neighborhoods subject to restrictive covenants. Restrictive covenants will typically have a few main types of provisions that lot owners opt into when purchasing their restricted lots—architectural standards, obligations to pay assessments to a homeowners’ association, provisions outlining the […]
Behind the Scenes of Disrupting the Invasion of Institutional Investors (GA)
The invasion of institutional investors has led to practical problems for communities outside of the expected compliance issues. For example, who will run for director positions for the board association or assume committee positions without homeowner volunteers? Will the annual meetings reach quorum? Overall, how does the surge of renters impact the character of the […]
Slumlord’s properties damage a Sacramento woman’s condo and several others in last four years (CA)
Rachel Buller bought her grandmother’s Sacramento condominium in early 2021 while in college at UC Davis and within a few months found the property had significant damage caused by the unit above hers. Read the article………………………..
HOA Rentals: Dos & Don’ts
Living in a community with a homeowners’ association (HOA) has its perks. And the community lifestyle, professionally maintained amenities, and enhanced property values that attract homebuyers to the neighborhood are equally enticing to prospective renters. Owning a rental property within an HOA can be rewarding, but it also has its challenges. Read the article………………………..
$300 fines have condo owners up in arms (MA)
Condominium owners in Lynn might have noticed a less-than-pleasant surprise in the mail last week, as the Inspectional Services Department issued 300 dollar fines to rental condo owners who failed to register their properties to the city. Read the article………………………..
Condominium Documents That Require Co-Owners to Use a Developer’s Rental Management in Condo Hotel May Violate The Sherman Antitrust Act (MI)
As a condominium attorney, I have always been fascinated with condominium hotels, and wrote one of my first published articles on condominium hotels in 2012. Condominium hotels can often be a great investment, as they provide a place for co-owners to vacation and rent their units for a portion of the year to earn supplemental […]
Condo owner unsettled by number of rentals, tenant turnover in building
Q: I live in a nine-unit self-managed condominium building. Over the years, the board members rented out their units. In one year, two units sold and a third unit is up for sale. I’m concerned about the direction we’re going in. The president still rents out his unit. I’m a long-time resident. What do you […]
Waterford Lakes HOA considers amendment restricting long-term rentals (FL)
As more investment companies and individuals purchase homes across Central Florida, an Orange County homeowner’s association is considering a proposal that would restrict new property owners from renting their homes for the first 13 months. Read the article………………………..
Who Are The Section 8 Tenants? Should You Have Them In Your HOA?
Every now and then, a homeowners association that allows rentals will run into Section 8 tenants. Associations should tread carefully when dealing with such tenants, as the complexities of the law can put the HOA in legal trouble in certain situations. Read the article……………………….
Why Are HOA Section 8 Tenants Becoming A Problem For HOAs? (TX)
A homeowners association in North Texas has recently come under fire for forcing the eviction of HOA Section 8 tenants. Now, the HOA says it will allow the tenants to stay until the end of their lease. Read the article………………………..
Rental restrictions: Communities fighting corporate investors
Community associations across the country have begun to fight back against the corporate investors who have changed the nature of the communities. In Charlotte, N.C., over recent years, highly funded corporations have been buying thousands of homes in the area and adding them to their growing rental portfolios. This activity has resulted in a lack […]
Can an HOA Prevent You from Renting Your Home Out?
A hot topic in homeowners associations is renting out your home in the neighborhood. The primary concern for homeowners is that too many rentals will lower the quality of the HOA community, causing broken rules, problems in the neighborhood, and safety issues. While some HOAs may restrict rentals completely, others set a rental cap. Most […]
New rules about rental restrictions in California
Time is almost up for California condos and HOAs that still have dated rental restrictions in place. The California Legislature has enacted several pieces of legislation that now prevent an association’s governing documents from enforcing unreasonable rental rules on owners. Read the entire article……………………………….
Section 8 landlords to be fined $300 weekly until tenants ousted, HOA says (TX)
Landlords in the town of Providence Village can expect to start receiving weekly fines of $300 for housing Section 8 tenants following a vote last week to implement new rental rules made by the Providence Homeowners Association. Read the entire article……………………………….
HOA Homefront: Time almost up to remove illegal rent restrictions (CA)
The first version of Civil Code Section 4741, banning “unreasonable” rental restrictions, became law in 2021, and also originally required HOAs to amend their governing documents to remove such provisions in 2021. Read the Q&A……………………………….
Reminder: July 1, 2022 Deadline to Have Completed Amendment to Rental Restrictions Which Conflict with Law (CA)
Bad News: If your association’s documents currently contain a minimum rental term of greater than 30 days or a rental cap of less than 25%, they now violate California law. Good news: The Legislature extended the time for unilateral Board amendment to remedy non-compliant rental restrictions until July 1, 2022. Read the entire article……………………………….
Real estate Q&A: If an owner bought a condo at auction, can they rent it without the HOA’s approval?
Q: Our condominium has a foreclosed unit that was sold at auction. The new owner has ignored our condo’s requirement to have tenants apply with the association before leasing the unit. If an apartment is bought through a foreclosure, can the purchaser rent the unit without the association’s screening of the tenants? Read the Q&A……………………………….
Corporate landlords are gobbling up U.S. suburbs. These homeowners are fighting back
Using authority that lets them punish homeowners who fail to cut the grass, one predominantly Black neighborhood in North Carolina slows the pace of investor purchases Read the entire article……………………………….
Ask a real estate pro: What can I do to stop my neighbor’s tenant from making messes in common areas?
Q: My neighbor in my high-rise condominium rents his unit to a Section 8 tenant. The tenant tracks grease onto the hallway carpets leaving ugly stains, often makes a mess of the common area laundry room, and often smokes in common areas where it is not allowed. I have documented these complaints to the property […]
Are Rentals Allowed in an HOA? (WA/OR)
Rentals are a hot button issue for many associations this year. Recent rent increases exceeded 16-year highs, and the number of single family rentals increased by more than 10% over the last year. Given these numbers, it’s no wonder a lot of homeowners are wondering “Can I rent out my home if it’s part of […]
Grandfathered Rental Rules for Condos and HOAs? (FL)
For years, new condo rental restrictions applied only to current owners who voted for them, but new HOA restrictions were effective for everyone. That changed last July when HOA owners who rent out units received somewhat similar protections. Read the entire article……………………………….
A local couple left homeless after they rented a home that doesn’t allow renters in the area (FL)
A local couple renting what they thought was the perfect home and as they moved in, they learned a rule didn’t allow them to stay. Now, they are left homeless. Read the entire article……………………………….
Statutes limit rental amendments (FL)
Q: Recently, my homeowners’ association had the membership vote on amendments to our documents which limit leasing within the community. Previously, our documents did not contain any restrictions on leasing. Read the Q&A……………………………..
Grandfathering of Rental Restrictions in Condos and HOA’s (FL)
For many years now, Chapter 718, Florida Statutes has provided that any new rental restrictions approved by the membership of a Condominium as an amendment to the governing documents only apply to those who voted for the amendment or those who obtained title to the unit after the amendment was approved and recorded in the […]
Can a Condominium Association Evict a Tenant? (FL)
Generally speaking, if an association’s recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. Read the entire article……………………………….
May a homeowners’ association (HOA) restrict a property owner from renting their property for a short-term when they purchased it before the HOA adopted the restriction? (CA)
Facts: An owner purchases a parcel of property in a common interest development (CID) governed by a homeowners’ association (HOA). The owner rents out their property on a short-term basis less than 30 days to tenants, as authorized by the covenants, conditions and restrictions (CC&Rs). Later, the HOA amends the CC&Rs to restrict owners in […]
Raleigh neighborhood HOA decides to grandfather in renters after 180 families faced possible eviction (NC)
After announcing last month it would enforce a no-rental policy that would trigger up to 180 families to move, the Renaissance Park Housing Association Board of Directors has now decided it will be grandfathering in some renters. Read the entire article……………………………….
No more rentals: HOA ruling to force 180 families from Raleigh neighborhood (NC)
About 180 families who rent homes in a Raleigh neighborhood may soon be forced to uproot their lives and move out because of a ruling by the homeowners association. Mark Scearce is one of them. “I absolutely love it here. I love the whole design of the place,” Scearce said of renting at Renaissance Park. […]
HOA Rental Restrictions: How Far Can Regulations Go? (NC)
It is important for every homeowners association to establish restrictions on rentals in the community. But, what should your HOA rental restrictions even consist of? Read the entire article……………………………….
HOA Rental Policy: Setting Clear Rules For Homeowners And Tenants
A rental policy clearly defines what restrictions your homeowners association has concerning rentals. It lets owners know whether or not they can rent out their homes or units and if there are any limitations attached to rentals. Read the entire article……………………………….
How Important Is A Tenant Lease Agreement For The HOA?
A tenant lease agreement is just as important to a landlord as it is to a homeowners association. Without one, a number of legal complications can arise. Read the entire article……………………………….
Warning! If You Rent A Condominium or Live in One that You Do Not Own, You May Not Be Able to Challenge an Eviction by the Condominium Association (MI)
If you are a tenant or do not own the condominium unit you are living in and your landlord/owner wants to evict you, you have what is called “standing” to challenge the landlord/owner in court. However, if you rent or live in a condominium unit you do not own and the condominium association governing the […]
Leasing Restrictions – Be Sure You Can Do What You Think You Can Do (FFL)
For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the case. However, it did seem that COVID-19 issues superseded all other issues for some time. […]