Can you rent your condo (2014, leasing, HOA)

[h2f42]

We are being told by our HOA that we can not rent it. What's with that ?

[GuyInSD]

Check your CC&Rs. They would have had to already have rental restrictions in place BEFORE you purchased the property, otherwise you're grandfathered in (look up California Civil Code 1360.2 for more detailed information).

[oddstray]

I've never heard of anyone being grandfathered in to a change in CC&Rs. The HOA homeowners all vote whether or not to change the CC&Rs, and any voted-in change applies to everyone, as far as I know.

It's common to have a limit or ban on renting in an HOA. People who are renting have less invested, and may be less willing to be good residents and good neighbors. Also, banks make mortgage loans much more restrictive if there's a high percentage of rentals in an HOA.

[GuyInSD]

Originally Posted by GuyInSD

Check your CC&Rs. They would have had to already have rental restrictions in place BEFORE you purchased the property, otherwise you're grandfathered in (look up California Civil Code 1360.2 for more detailed information).

Slight change - starting in 2014, the Civil Codes re: HOAs have been renumbered - 4740 maps to the old 1360.2, but the wording remains the same:

4740. (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.