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………………………………

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………………………………

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, […]

HOAs address issues of short-term renters, rental companies (FL)

Jim Hammond was surprised.  All he did was his job as the president of the Plantation Palms Homeowners Association and then make a post about it on the social media platform, Nextdoor.  “The rest, the way it snowballed, that was surprising to me,” Hammond said.    Read the article………………………..

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………………………..

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 […]

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 […]

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……………………….

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……………………………….

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……………………………….

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……………………………….

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 […]

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……………………………….