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Can a Property Owners Association ban rentals?

Updated: 8/18/2019
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13y ago

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Yes.

However, in order to limit rentals, the association must be able to refer to its governing documents, which in this case probably includes a board resolution regarding rentals. If you want to rent your 'unit', and your board disallows your request, you can request proof of their right to refuse your request.

There are solid reasons why an association bans or limits rentals. Some lenders will not offer monies to a prospective buyer if the rental-to-owner-occupied units is too high. Fannie Mae and Freddie Mac have vacillated recently over the percentage, but a good rule of thumb is about 25% of the units as rentals.

Finally, rentals are not popular in association communities because some boards fail to manage the expectations of renters, and issue violations to owners who rent to tenants who don't follow the community guidelines.

Best practices indicate that boards can effectively ratchet up the 'value of renters' when renters are required to live in the community just like owners, but without the right to vote. Here are a few tips about how this can be done. Require from owners who rent:

  • Proof of a background check
  • Proof of a credit check
  • Signed contract from an owner that if the tenant doesn't pay rent, the owner can still pay assessments
  • Signed contract with the renter that the renter has read the governing documents and agrees to live in the community like an owner (owner bears expense of copies given to renter)
  • Clear, short list of potential violations, especially those that are grounds for eviction
  • Copy of the lease between the owner and the tenant

Then, the association includes all residents in community situations, from taking turns wheeling recycle bins to the curb to community picnics.

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