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Managing HOA Rental Regulations

Whether your residents want to earn a quick buck by renting out their spaces, or just want to buy a home for the second income potential, there are plenty of good reasons to take part in the rental market. As part of a homeowners’ association, however, there are rules and restrictions in place that can inhibit your residents from participating in the home renting craze. The governing documents for the HOA restricts the number of leased homes within the association, and sometimes even place a limit on the amount of time the owner must live there before he or she can rent it out. In this article, we’ll explore how HOA’s can effectively manage rental regulations. Before implementing any rules, ensure your association is equipped with a Miami HOA Insurance policy.


If an existing or prospective home buyer is considering renting out their home, be sure to communicate relevant regulations and laws that apply to them. Communicating these from the start is the best way to mitigate potential snags later on. When a home is sold, include documents relating to home rentals in the CC&R’s.

Make a list.

An essential element of any approach to enforcing a lease restriction is to assemble a list of those owners currently authorized to lease or rent their residence. The owners’ authorization to lease could come from written permission of the board or from being “grandfathered” under the provisions of the lease restriction itself (see discussion below relating to grandfathering). Assembling such a list is often difficult, since, as discussed above, it is not often easy for a board to identify those residences which are being leased or rented. One approach to assembling such a list is to require all owners to register their leased residence with the association within a specified period of time. Those owners who do not register their residences will be deemed to have represented that they are not currently leasing or renting the residence, explains Echo HOA Resources.

If the restrictions were violated, you can hold an HOA hearing to determine the disciplinary action.

Waiver options.

While these are rarely granted, there are waivers to allow a homeowner to lease or temporarily rent out their home in urgent financial or personal times. It is intended for only for those situations where unforeseen and unusual personal circumstances require an owner to temporarily lease his or her unit says the article.

A written policy should be enacted to determine when a waiver would be appropriate, when it would not be permitted, and the conditions of both. Granting a waiver to bypass rental regulations is the sole decision of the HOA board. Therefore, the terms in which it is granted should be explicitly stated. For example, the homeowner can rent out his or her home for one year under the stipulation that the home is sold within that time frame.

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