Q.Can the HOA impose restrictions on a homeowner’s right to rent his/her unit or home?

A.Yes so long as they are reasonable and not discriminatory.

Rental restrictions in governing documents (Bylaws and the CC&Rs) are legal so long as they are uniformly applied to all homeowners, do not discriminate against a particular group of potential renters, and can be shown to serve some legitimate purpose. Some condos: (1) restrict the number of units that may be rented; (2) require the rental agreement acknowledge that the tenancy is subject to all of the rules and regulations of the HOA; and (3) require the homeowner to the HOA with a copy of the rental agreement. Note that rental restrictions may affect the homeowners’ ability to obtain mortgage loans from some lenders.

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